In
exercise of the powers conferred by section 96 of the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it In
that behalf, the Central Government hereby makes the following Order In respect
of the Union territory of Jammu and Kashmir, namely:- (1) This Order may be
called the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order,
2020. (2) It shall come Into
force with immediate effect. The
General Clauses Act, 1897 applies for the Interpretation of this Order as it
applies for the Interpretation of laws In force In the territory of India. With
immediate effect, the Acts mentioned In the Schedule to this Order shall, until
repealed or amended by a competent Legislature or other competent authority,
have effect, subject to the adaptations and modifications directed by the said
Schedule, or if it is so directed, shall stand repealed. Where
this Order requires that In any specified section or other portion of an Act,
certain words shall be substituted for certain other words, or the certain
words shall be omitted, such substitution or omission, as the case may be,
shall, except where it is otherwise expressly provided, be made wherever the
words referred to occur In that section or portion. The
provisions of this Order which adapt or modify or repeal any law so as to alter
the manner In which, the authority by which or the law under or In accordance
with which, any powers are exercisable, shall not render Invalid any
notification, order, commitment, attachment, bye-law, rule or regulation duly
made or issued, or anything duly done before the 31st October, 2019; and any
such notification, order, commitment, attachment, bye-law, rule, regulation or
anything may be revoked, varied or undone In the like manner, to the like
extent and In the like circumstances as if it had been made, issued or done
after the commencement of this Order by the competent authority and In
accordance with the provisions then applicable to such case. The
repeal or amendment of any law specified In the Schedule to this Order shall
not affect-- (a) the previous
operation of any law so repealed or anything duly done or suffered there under; (b) any right, privilege,
obligation or liability acquired, accrued or Incurred under any law so
repealed; (c) any penalty,
forfeiture or punishment Incurred In respect of any offence committed against
any law so repealed; or (d) any Investigation,
legal proceeding or remedy In respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid, and
any such Investigation, legal proceeding or remedy may be Instituted, continued
or enforced, and any such penalty, forfeiture or punishment may be imposed, as
if the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) or this Order
had not been passed. THE SCHEDULE (See Paragraph 3) STATE LAWS (1) THE AGRICULTURISTS RELIEF ACT, 1983 (Act No. 1 of Samvat 1983) Repeal
as a whole. (2) THE JAMMU AND KASHMIR GOVERNMENT AID TO AGRICULTURISTS AND
LAND IMPROVEMENT ACT (Act No. VII of Samvat 1993) Repeal
as a whole. (3) THE JAMMU AND KASHMIR STATE AID TO INDUSTRIES ACT (Act No. XXII of 1961) Repeal
as a whole. (4) THE JAMMU AND KASHMIR ANATOMY ACT (Act No. XXII of 1959) Section
1.--In sub-section (2), for "whole of
the State" substitute "whole of the Union territory of Jammu and
Kashmir". Section
6.--For "five hundred rupees"
substitute "five thousand rupees." Section
9.--For "State Ranbir Penal Code,
Samvat, 1989" substitute "Indian Penal Code (45 of 1860)". (5) THE JAMMU AND KASHMIR ANCIENT MONUMENTS PRESERVATION ACT (Act No. V of Samvat 1977) Section
10-A.--In sub-section (3), for "twenty thousand rupees"
substitute "fifty thousand rupees.". Section
15.--In sub-section (2), for "one
thousand rupees" substitute "fifty thousand rupees.". Section
16, sub-section (2) of section 17 and sub-section (4) of section 18.-- For "twenty thousand rupees" substitute
"fifty thousand rupees.". Section
20-A.-- (i)
For "Archaeological
Department" substitute "Department of Archaeology, Archives and
Museums"; (ii)
omit "or In the case of Ladakh
district, the Deputy Commissioner of that District". Section
20-B.--In sub-section (4), for "twenty
thousand rupees" substitute "fifty thousand rupees". Section
22-A.--For "Code of Criminal Procedure, Samvat 1989" substitute
"Code of Criminal Procedure, 1973(2 of 1974)". (6) THE JAMMU AND KASHMIR BABA GHULAM SHAH BADSHAH UNIVERSITY
ACT (Act No. XVI of 2002) Throughout
the Act, for "Council" substitute "Board". Section
2.-- (i)
Existing clause (a) shall be
renumbered as (aa), and before the so re-numbered clause Insert- '(a) "affiliated college" means college which has
been granted affiliation by the University;'; (ii)
For clause (b), substitute- '(b) "Board"
means a Board established under section 13 of the Waqf Act, 1995(Central Act
No. 43 of 1995);'; (iii)
After clause (c), Insert- '(cc) "offsite or satellite campus" means campus
established and maintained by the University outside the main campus;'. Section
4.--For "scientific and technical" substitute "scientific,
technical and multidisciplinary". Section
5.-- (i)
In clause (4), for "Readers or
Lecturers" substitute "Associate Professors or Assistant
Professors"; (ii)
for clause (6), substitute- '(6) "to establish, maintain, recognise and affiliate
colleges and Halls, to recognise guide, supervise and control Halls established
by the Council or Trust or Government and to withdraw such recognition.'. Section
8.--In sub-section (1), for "Chief
Minister" substitute "Lieutenant Governor of the Union territory of
Jammu and Kashmir". Section
12.-- In
sub-section (1), after clause (vii) Insert- "(viii)
not more than two Principals of affiliated Colleges on rotation basis to be
nominated by the Vice-Chancellor.". Section
19.--Substitute- "19.
Colleges.-- The
Colleges shall be such, as may be established by the Board or Trust or
Government and recognised by the Executive Council In accordance with this
Act.". (7) THE JAMMU AND KASHMIR BOARD OF PROFESSIONAL ENTRANCE
EXAMINATION ACT (Act No. XXV of 2002) Throughout
the Act, for "State" substitute "Union territory of Jammu and
Kashmir". Section
2.-- (i)
In clause (h), after "medical
colleges, Jammu/Srinagar," Insert "Kathua, Rajouri, Doda, Baramulla,
Anantnag,"; (ii)
omit clause (j). Section
20.-- For
"Ranbir Penal Code, Samvat, 1989" substitute "Indian Penal Code
(45 of 1860)". (8) THE JAMMU AND KASHMIR STATE BOARD OF TECHNICAL EDUCATION
ACT, 2002 (Act No. XXIV of 2002) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
In clause (h), for "State"
substitute "Union territory of Jammu and Kashmir"; (ii)
for clause (n), substitute-- '(n) "Government"
means the Government of the Union territory of Jammu and Kashmir'; and (iii)
omit clause (w). Section
13.--For "State" wherever
occurring substitute "Union territory of Jammu and Kashmir". Section
30.--For "Ranbir Penal Code, Samvat
1989" and Criminal Procedure Code, Samvat 1989" substitute
"Indian Penal Code (45 of 1860)" and "Code of Criminal
Procedure, 1973(2 of 1974)" respectively. (9) THE JAMMU AND KASHMIR BRICK KILNS (REGULATION) ACT (Act No. XVII of 2010) Section
2.--In clause (h), for "the State of
Jammu and Kashmir" substitute "the Union territory of Jammu and
Kashmir". Section
3.--For sub-section (4), substitute- "(4) No person shall establish a brick kiln or apply
for renewal unless he- (a)
produces non-agriculture land use
rights certificate from Revenue Department; (b)
produces consent to establish
certificate from the Union territory State Pollution Control committee; (c)
has an adequate mud stock as raw
material for such brick kiln on an uneven, unproductive land to be certified by
the District Agriculture Officer.". Section
4.-- (i)
In clause (c), for "the
Banjri-kadim" substitute "Gair Mujruba (Uncultivable land) as
recorded In last jamabandi"; (ii)
In clause (d), for the Jammu and
Kashmir Forest Act, 1987 substitute "the Indian Forest Act, 1927(16 of
1927)". Sections
6.-- (i)
In sub-section (1), for "In an
area of the State" substitute "In an area of the Union territory of
Jammu and Kashmir"; (ii)
In sub-section (4), for "Every
application under sub-section (1) and sub-section (2)" substitute
"Every application under sub-section (1), sub-section (2) and sub-section
(3)"; (iii)
In sub-section (5), for "If, on
receipt of an application" substitute "If, on receipt of an
application under sub-section (3)"; and (iv)
In sub-section (6), In clause (d), for
"and punitive action" substitute "and punitive action by way of
imposing such fine as may be prescribed by the Licensing Authority". Section
8.--In sub-section (1), for "rupees
thirty thousand" substitute "rupees fifty thousand or such higher
amount as may be fixed by the Government from time to time." Section
12.--In the Explanation, for "102 and
103 of the Code of Criminal Procedure Samvat 1989" substitute "the
Code of Criminal Procedure, 1973(2 of 1974)". Section
13.-- For "whole
State" and "Government Gazette" substitute "Union territory
of Jammu and Kashmir" and "Official Gazette" respectively. Section
18.-- For "Hoarding
and Profiteering Prevention Ordinance Samvat 2000 and any other law"
substitute "any law". Section
23.--For "State Ranbir Penal
Code" substitute "Indian Penal Code (45 of 1860)". (10) THE JAMMU AND KASHMIR CAMPING AND MOORING SITES ACT (Act No. XII of Samvat 2004) Section
1.--In sub-section (ii), In clause (a), at
the end, add "and Jammu Division". Section
2.-- For clause (d), substitute- '(d) "Director" means Director Tourism Kashmir or
Jammu.'. Section
6.-- For "rupees
five hundred" substitute "rupees fifty thousand". (11) THE JAMMU AND KASHMIR CHOWKIDARI ACT (Act No. XXXVII of 1956) Section
1.--In sub-section (2), for "the
Jammu and Kashmir State" substitute "Union territory of Jammu and
Kashmir". Section
2.--In clause (b), for "as defined In
Jammu and Kashmir Town Area Act, 2011" substitute "declared as
such". Section
3.-- For
"Government" wherever occurring, substitute "Government of the
Union territory of Jammu and Kashmir". Section
11.-- For "Ranbir
Penal Code, 1989" substitute "Indian Penal Code (45 of 1860)". (12) THE JAMMU AND KASHMIR CIVIC LAWS (SPECIAL PROVISIONS) ACT (Act No. III of 2014) Repeal
as a whole. (13) THE JAMMU AND KASHMIR CIVIL COURTS ACT, 1977 (1920 A.D.) (Act No. XLVI of Samvat 1977) Throughout
the Act, for "the Government" substitute "the Government of
Union territory of Jammu and Kashmir.". Section
1.--In sub-section (2), for "whole of
Jammu and Kashmir State" substitute "whole of the Union territory of
Jammu and Kashmir". Section
2.-- Omit clause (i). Section
3.-- For "Jammu and Kashmir
State" substitute "Union territory of Jammu and Kashmir". Section
13.-- Omit "the
Courts of Small Causes established under the Small Cause Court Act". Section
14.-- For
"State" wherever occurring substitute "Union territory of Jammu
and Kashmir". Section
36.-- For
"State" wherever occurring substitute "Union territory of Jammu
and Kashmir". Section
43.-- "High Court of
Judicature, Jammu and Kashmir State" shall be construed to mean as common
High Court of the Union territory of Jammu and Kashmir and the Union territory
of Ladakh. (14) THE JAMMU AND KASHMIR CIVIL SERVICES (DECENTRALIZATION AND
RECRUITMENT) ACT (Act No. XVI of 2010) Throughout
the Act, references to "State Cadre" shall be construed as references
to "Union territory Cadre". Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
After clause (c), Insert-- '(ca) "Domicile" means Domicile as defined In
section 3A of this Act.'; (ii)
for clause (d), substitute-- '(d) "Government" means Government of the Union
territory of Jammu and Kashmir.'. "3. For section 3, substitute- Application of Act. The
provisions of this Act shall apply to- (a)
all the Gazetted and non-Gazetted
posts borne on the establishment of any Department or Service of the
Government; and (b)
Class IV posts borne on the
establishment of any Department or Service of the Government or any Government
company, organization and body substantially owned or controlled by the Union
territory: Provided
that the provisions of this Act shall not apply to- (i)
the posts for which any special
procedure is laid down under any enactment of the Legislature of the Union
territory of Jammu and Kashmir; and (ii)
such other posts as may be excluded
from the operation of the Act by the notification issued by the Government In
this behalf from time to time.". "3A. After section 3, Insert-Domicile for purposes of
appointment to any service In Union territory of Jammu and Kashmir. (1)
Any person who fulfils the following
conditions shall be deemed to be a domicile of the Union territory of Jammu and
Kashmir for the purposes of appointment to any post carrying a pay scale of not
more than Level-4 (25500) under the Union territory of Jammu and Kashmir or
under a local or other authority (other than cantonment board) within the Union
territory of Jammu and Kashmir:- (a)
who has resided for a period of
fifteen years In the Union territory of Jammu and Kashmir or has studied for a
period of seven years and appeared In Class 10th/12th examination In an
educational Institution located In the Union territory of Jammu and Kashmir; or (b)
who is registered as a migrant by the
Relief and Rehabilitation Commissioner (Migrants) In the Union territory of
Jammu and Kashmir. (2)
Notwithstanding anything contained In
sub-section (1), following persons shall be deemed to be domicile under
sub-section (1):- (a)
children of those Central Government
Officials, All India Services Officers, Officials of Public Sector Undertaking
and Autonomous body of Central Government, Public Sector Banks, Officials of
Statutory bodies, Officials of Central Universities and recognised Research
Institutes of Central Government who have served In Jammu and Kashmir for a
total period of ten years; or (b)
children of parents who fulfill any of
the conditions In sub-section (1); or (c)
children of such residents of Union
territory of Jammu and Kashmir as reside outside Union territory of Jammu and
Kashmir In connection with their employment or business or other professional
or vocational reasons but their parents fulfill any of the conditions provided
In sub-section (1). 3B. Issuance of domicile certificate. (1)
Tehsildar within his territorial
jurisdiction shall be the Competent Authority for issuance of domicile
certificate: Provided
that the Government of Union territory of Jammu and Kashmir may notify any
other officer to be Competent Authority for issuance of domicile certificate. (2)
The applicant may apply In such form
as may be prescribed to the Competent Authority who shall after verification
issue such certificate In such form as may be determined by the Competent
Authority. (3)
Any person aggrieved by the order of
the Competent Authority may file appeal before the concerned Deputy
Commissioner who shall decide appeal, providing an opportunity of being heard
to the parties, within a period of sixty days.". Section
5.-- In
sub-section (1),- (a)
for "State Service Selection
Board" substitute "Service Selection Board" and for the sign
colon ":" at the end, substitute sign full-stop"."; (b)
omit the proviso. After
section 5, Insert- "5A. Requirement of domicile for being eligible for
certain posts. Subject
to the provisions of this Act, no person shall be eligible for appointment to a
post carrying a pay scale of not more than Level-4 (25500) unless he is a
domicile of the Union territory of Jammu and Kashmir.". Section
6.-- (i)
In clause (i), for "permanent
resident of the State" substitute "Domicile of Union territory of
Jammu and Kashmir"; (ii)
Omit clause (ii). Section
7.-- (i)
In clause (i), for "permanent
resident of the State" substitute "Domicile of Union territory of
Jammu and Kashmir"; (ii)
Omit clause (ii). Section
8.-- Omit clause (i). Section
13.-- Omit. (15) THE JAMMU AND KASHMIR CIVIL SERVICES (SPECIAL PROVISIONS),
ACT (Act No. XIV of 2010) Repeal
as a whole. (16) THE SRINAGAR AND JAMMU CLUSTER UNIVERSITIES ACT (Act No. III of 2016) Section
4.-- (i)
In clause (e), after
"Innovation" Insert ", Incubation, knowledge, exchange,"
and omit "and" at the end; (ii)
In clause (f), for sign full stop
"." substitute sign semi colon ";" and thereafter Insert- "(g) to make the
constituent colleges as centre of excellence In Advance Studies, Social
Science, Fine Arts, Sciences and Technology and Science, etc.; (h) to make an
endeavour towards the autonomy of the constituent colleges; and (i) to work for
enhancement of skills and employability of the students of the constituent,
autonomous and affiliated colleges.". Section
5.-- After
clause (14), Insert- "(15) to lay emphasis on mentoring, career counseling
and placement along with the development of State of Art facilities for
co-curricular activities In the constituent, autonomous and affiliated
colleges". Section
8.-- For "State" wherever
occurring substitute "Union territory of Jammu and Kashmir". Section
10.--In sub-section (1), for "the
Chief Minister of the State" substitute "the Lieutenant Governor of
the Union territory of Jammu and Kashmir". Section
11.--In sub-section (1), omit "of the
State". Section
12.-- In
sub-section (5),- (i)
for "five years" substitute
"three years"; (ii)
In first proviso omit "In
consultation with the Pro-Chancellor"; and (iii)
In second proviso omit wherever
occurring "In consultation with the Pro-Chancellor" and also omit
"who is or has been a Judge of the High Court". (17) THE JAMMU AND KASHMIR STATE COMMISSION FOR BACKWARD CLASSES
ACT, 1997 (Act No. XII of 1997) Repeal
as a whole. (18) THE JAMMU AND KASHMIR CONTROL OF BUILDING OPERATIONS ACT,
1988 (Act No. XV of 1988) Throughout
the Act, for "Government Gazette" substitute "Official
Gazette". Section
1.-- In
sub-section (2), for "whole of the State of Jammu and Kashmir"
substitute "whole of the Union territory of Jammu and Kashmir". Section
10.-- (i)
For "Code of Criminal Procedure,
Samvat, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)"; (ii)
In clause (ii), for "section 57
of the Code" substitute "section 42 of the Code". (19) THE JAMMU AND KASHMIR DEBTORS RELIEF ACT (Act No. XV of 1976) Throughout
the Act, for "Government Gazette" wherever occurring substitute
"Official Gazette". Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
In sub-section (1),- (a)
In clause (ii), omit "or section
140 of the Jammu and Kashmir Transfer of Property Act, Svt. 1977"; (b)
In clause (v), for "Government of
Jammu and Kashmir" wherever occurring substitute "Government of Union
territory of Jammu and Kashmir"; (ii)
In sub section (10), for "Code of
Civil Procedure, Samvat. 1977" substitute "Code of Civil Procedure,
1908 (5 of 1908)". Section
3.--In sub-section (11), for "section
14 of Limitation Act, Svt. 1995" substitute "section 14 of the
Limitation Act, 1963 (36 of 1963)". Section
4.-- Omit proviso. Section
12.-- For "the Code of Civil
Procedure, Svt. 1977" substitute "the Code of Civil Procedure, 1908
(5 of 1908)". Section
22.-- For "the Code of Civil
Procedure, Svt. 1977" substitute "the Code of Civil Procedure, 1908
(5 of 1908)". Section
30.-- For "the provisions of the
Jammu and Kashmir Limitation Act, Svt. 1995" substitute "the
provisions of the Limitation Act, 1963 (36 of 1963)". Section
32.-- For "section 21 of the
Ranbir Penal Code, Svt. 1989" substitute "section 21 of the Indian
Penal Code (45 of 1860)". Section
34.-- Omit. (20) THE JAMMU AND KASHMIR DELIVERY OF BOOKS AND NEWSPAPERS
(PUBLIC LIBRARIES) ACT (Act No. XIII of 1961) Section
1.-- For "the
State" substitute "the Union territory of Jammu and Kashmir". Section
2.--In clause (a), for "section (5)
of the Jammu and Kashmir Press and Publication Act, Svt. 1989" substitute
"the Press and Registration of Books Act, 1867 (25 of 1867)"; Section
3.--In clause (a), for "section (26)
of the Jammu and Kashmir Press and Publication Act, Svt. 1989" substitute
"the Press and Registration of Books Act, 1867 (25 of 1867)". Section
4.--In clause (a), for "Jammu and
Kashmir Press and Publication Act, Svt. 1989" substitute "the Press
and Registration of Books Act, 1867 (25 of 1867)". (21) THE JAMMU AND KASHMIR DEPUTY MINISTERS' SALARIES AND
ALLOWANCES ACT (Act No. VI of 1957) Repeal
as a whole. (22) THE JAMMU AND KASHMIR DEPUTY SPEAKER'S AND DEPUTY
CHAIRMAN'S (EMOLUMENTS) ACT (Act No. XXII of 1956) Long
title.-- Omit "and Deputy
Chairman's". Section
1.--In sub section (1), omit "and
Deputy Chairman's". Section
2.-- For
clause (a), substitute- '(a) "Deputy
Speaker" means Deputy Speaker of the Legislative Assembly of the Union
territory of Jammu and Kashmir'. Section
3.-- Omit "and Deputy Chairman"
wherever occurring. (23) THE JAMMU AND KASHMIR EGRESS AND INTERNAL MOVEMENT
(CONTROL) ORDINANCE (Ordinance No. V of Samvat 2005) Throughout
the Ordinance, for "State" and "Government" wherever
occurring substitute "Union territory of Jammu and Kashmir" and
"Government of Union territory of Jammu and Kashmir". Section
2.-- For "Government
Gazette" substitute "Official Gazette". Section
3-C.-- For "Code of Criminal
Procedure, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
5.--In sub-section (2), for "section
61 of the Code of Criminal Procedure, 1989" substitute "section 57 of
the Code of Criminal Procedure, 1973 (2 of 1974)". Section
8.-- For "Code of Criminal
Procedure, 1989" and "section 30" substitute "Code of
Criminal Procedure, 1973 (2 of 1974)" and "section 29"
respectively. Section
9.--In sub-section (2), for "Code of
Criminal Procedure, 1989" substitute "Code of Criminal Procedure,
1973 (2 of 1974)". Section
10.-- For "Code of Criminal
Procedure, 1989", wherever occurring substitute "Code of Criminal
Procedure, 1973 (2 of 1974)". Section
12.--In sub-section (2), for "section
439 of Code of Criminal Procedure 1989" substitute "section 401 of
Code of Criminal Procedure, 1973 (2 of 1974)". Section
15.-- For "Evidence Act,
1977" substitute "Indian Evidence Act, 1872 (1 of 1872)". Section
17.-- For "Code of Criminal
Procedure, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
18.-- For "Code of Criminal
Procedure, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
19.-- For "Code of Criminal
Procedure, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". (24) THE JAMMU AND KASHMIR ENEMY AGENTS ORDINANCE (Ordinance No. VIII of Samvat 2005) Throughout
the Ordinance, for "State" or "State of Jammu and Kashmir"
substitute "Union territory of Jammu and Kashmir" and
"Government" shall be construed to mean "Government of the Union
territory of Jammu and Kashmir". Section
4.--In sub-section (2), for "Code of
Criminal Procedure, 1989" substitute "Code of Criminal Procedure,
1973 (2 of 1974)". Section
5.-- For "Code of Criminal
Procedure, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
6.--In sub-section (2), for "Code of
Criminal Procedure, 1989" substitute "Code of Criminal Procedure,
1973 (2 of 1974)". Section
7.-- For "Code of Criminal
Procedure, 1989" wherever occurring, substitute "Code of Criminal
Procedure, 1973 (2 of 1974)". Section
9.-- For "section 439 of Code of
Criminal Procedure, 1989" substitute "section 401 of Code of Criminal
Procedure 1973 (2 of 1974)". Section
12.-- For "Evidence Act,
1977" substitute "Indian Evidence Act, 1872 (1 of 1872)". Section
13.--In sub-section (4), for "Code of
Criminal Procedure, 1989" substitute "Code of Criminal Procedure,
1973 (2 of 1974)". Section
15.-- For "Code of Criminal
Procedure, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
16.-- For "Code of Criminal
Procedure, 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". (25) THE JAMMU AND KASHMIR STATE EMERGENCY RELIEF FUND ACT (Act No. XIII of 1960) Repeal
as a whole. (26) THE JAMMU AND KASHMIR EXCISE ACT, SAMVAT 1958 (1901 A.D.) (State Council Resolution No. 9 of 1901) Throughout
the Act, "Government" shall be construed to mean "Government of
the Union territory of Jammu and Kashmir". Preamble.--For "Jammu and Kashmir State" substitute "Union
territory of Jammu and Kashmir". Section
1.--In sub-section (2), for "whole of
the territories of the State" substitute "whole of the Union
territory of Jammu and Kashmir". Section
3.--In section 3,- (i)
In clauses (11), (12) and (13), for
"State territory" substitute "territory of the Union territory
of Jammu and Kashmir"; and (ii)
In clause (18), for "State
Government" and "Government Gazette" substitute "Government
of the Union territory of Jammu and Kashmir" and "Official
Gazette" respectively. Sections
5, 6 and 8.--For "State" substitute
"Union territory of Jammu and Kashmir". Section
11.--In the second proviso, for
"territories of the State" substitute "Union territory of Jammu
and Kashmir". Section
11-A.--In sub-section (2), for "State
Government" substitute "Government". Section
14-A.--For "In the State"
substitute "In the Union territory of Jammu and Kashmir". Section
16.--For "In the territories of the
State or imported Into or exported from the State" substitute "In the
territories of the Union territory of Jammu and Kashmir or imported Into or
exported from the Union territory". Section
16-A.--For "State" and
"Government Gazette" substitute "Union territory of Jammu and
Kashmir" and "Official Gazette" respectively. Sections
17 and 24.--For "State" wherever
occurring substitute "Union territory of Jammu and Kashmir". Section
32.-- (i)
For "Criminal Procedure Code,
1989" substitute "Criminal Procedure Code, 1973(2 of 1974)"; and (ii)
omit the proviso. Section
34.--For "State" wherever
occurring, substitute "Union territory of Jammu and Kashmir". Section
38.--For "Criminal Procedure Code,
1989" substitute "Criminal Procedure Code, 1973 (2 of 1974)". Section
39.--For "Chapter XXX of the Code of
Criminal Procedure, 1989" substitute "Chapter XXXIII of the Code of
Criminal Procedure, 1973 (2 of 1974)". Section
56-B.--In sub-section (2), for "Criminal
Procedure Code, 1989" substitute "Criminal Procedure Code, 1973 (2 of
1974)". Section
61.-- (i)
In sub-section (1), for "Ranbir
Penal Code", wherever occurring, substitute "Indian Penal Code (45 of
1860)"; and (ii)
In sub-section (2), In clause (a), for
"Criminal Procedure Code, 1989" substitute "Criminal Procedure
Code, 1973 (2 of 1974)". Section
64.--For "Jammu and Kashmir
Government" substitute "Government of the Union territory of Jammu
and Kashmir". (27) THE JAMMU AND KASHMIR EXTRACTION OF RESIN ACT (Act No. IX of 1988) Throughout
the Act, for "Government" and Government Gazette" substitute
"Government of the Union territory of Jammu and Kashmir" and
"Official Gazette" respectively. Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--In clause (e), for "Forest Act,
Samvat, 1987" substitute "Indian Forest Act, 1927 (16 of 1927)". Section
3.--For "State" wherever
occurring, substitute "Union territory of Jammu and Kashmir". Section
4.--In sub-section (2), for
"State" substitute "Union territory of Jammu and Kashmir". Section
7.--In sub-section (2), In clause (d), for
"State" substitute "Union territory of Jammu and Kashmir". (28) THE JAMMU AND KASHMIR FERRY BOATS CONTROL ACT (Act No. XVIII of 1971) Throughout
the Act, "Government" means "Government of the Union territory
of Jammu and Kashmir". Section
1.--In sub-section (2), for "the
whole of the State" substitute "the whole of the Union territory of
Jammu and Kashmir". (29) THE JAMMU AND KASHMIR STATE FINANCE COMMISSION ACT (Act No. XVIII of 2006) Repeal
as a whole. (30) THE JAMMU AND KASHMIR FINANCE COMMISSION FOR PANCHAYATS AND
MUNICIPALITIES ACT (Act No. XVI of 2011) Section
1.--In sub section (1), omit
"State". Section
2.-- (i)
In clause (a), omit "State"; (ii)
In clause (b), omit "State"; (iii)
In clause (d), for "Government of
Jammu and Kashmir" substitute "Government of Union territory of Jammu
and Kashmir"; and (iv)
In clause (g), for "Government
Gazette" substitute "Official Gazette". Section
3.--In sub-section (1), omit
"State". Section
10.--For "State" wherever
occurring, substitute "Union territory of Jammu and Kashmir". Section
11.-- (i)
In sub-section (2), In clause (a), for
"State" substitute "Union territory of Jammu and Kashmir";
and (ii)
In sub-section (2), In clause (b), for
"State Government" substitute "Government of the Union territory
of Jammu and Kashmir". Section
13.--In sub-section (1), for
"Government" wherever occurring, substitute "Government of Union
territory of Jammu and Kashmir"; and for "Legislature"
substitute "Legislative Assembly". Section
15.--For "section 21 of the Ranbir
Penal Code" substitute "section 21 of the Indian Penal Code (45 of
1860)". (31) THE JAMMU AND KASHMIR FIRE FORCE ACT (Act No. XXII of 1967) Section
1.-- (i)
In sub-section (2), for "whole
State" substitute "Union territory of Jammu and Kashmir". (ii)
omit sub-section (3). Section
2.--After clause (d), Insert- '(dd) "Government" means "Government of the
Union territory of Jammu and Kashmir'. Section
13.--In sub-section (1), for
"Government Gazette" substitute "Official Gazette". Section
14.--For "Consolidated Fund of the
State" substitute "Consolidated Fund of the Union territory of Jammu
and Kashmir". Section
16.--For "Government Gazette",
wherever occurring substitute "Official Gazette". Section
17.--In sub-section (2), In clause (f), for
"the Jammu and Kashmir Arbitration Act, Samvat, 2002" substitute
"the Arbitration and Conciliation Act, 1996 (26 of 1996)". Section
19.--For "The Code of Civil Procedure,
Samvat, 1977" substitute "The Code of Civil Procedure, 1908 (5 of
1908)". Section
21.--For "The Jammu and Kashmir State
Ranbir Penal Code, Samvat, 1989" substitute "Indian Penal Code (45 of
1860)". (32) THE JAMMU AND KASHMIR FISCAL RESPONSIBILITY AND BUDGET
MANAGEMENT ACT (Act No. XII of 2006) Section
2.-- (i)
For clause (b), substitute- '(b) "budget"
means the "Annual Financial Statement" laid before the Legislative
Assembly of the Union territory of Jammu and Kashmir under section 41 of the
Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019).'; (ii)
for clause (j), substitute- '(j) "Government"
means Government of the Union territory of Jammu and Kashmir'. Section
5.--For "Legislature" and
"each House of State Legislature" substitute "Legislature of the
Union territory of Jammu and Kashmir" and "Legislative Assembly of
the Union territory of Jammu and Kashmir" respectively. Section
6.--For "State economy" and
"State Government" substitute "economy of Union territory of
Jammu and Kashmir" and "Government of the Union territory of Jammu
and Kashmir" respectively. Section
9.--In sub-section (2), In clause (h) In
the second proviso, for "before each House of State Legislature"
substitute "before Legislative Assembly of the Union territory of Jammu
and Kashmir". Section
11.-- (i)
In sub-section (1), for "before
each House of State Legislature" substitute "before Legislative
Assembly of the Union territory of Jammu and Kashmir"; (ii)
In sub-section (2), In the proviso,
for "Consolidated Fund of the State under sub-section (3) of section 79 of
the Constitution of Jammu and Kashmir" substitute "Consolidated Fund
of the Union territory of Jammu and Kashmir under sub-section (3) of section 41
of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)"; (iii)
In sub-section (5), for "In each
House of State Legislature" substitute "before Legislative Assembly
of the Union territory of Jammu and Kashmir". Section
12.--For "Government Gazette"
substitute "Official Gazette". Section
13.--For "before each House of State
Legislature" and "the Houses" wherever occurring substitute
respectively "before Legislative Assembly of the Union territory of Jammu
and Kashmir" and "the Legislative Assembly". Section
16.-- (i)
In sub-section (1), for
"Government Gazette" substitute "Official Gazette". (ii)
In sub-section (2), for "State
Legislature" substitute "Legislative Assembly of the Union territory
of Jammu and Kashmir". (33) THE JAMMU AND KASHMIR FISHERIES ACT (Act No. XVI of 2018) Throughout
the Act, for "Government Gazette" substitute "Official
Gazette". Section
2.--In clause (g), for "Government of
Jammu and Kashmir" substitute "Government of the Union territory of
Jammu and Kashmir". Section
12.--In sub-section (3), for "The
Limitation Act, Svt. 1995" substitute "The Limitation Act, 1963 (36
of 1963)". Section
17.--For "Code of Criminal Procedure,
Samvat 1989" substitute "Code of Criminal Procedure, 1973(2 of
1974)". Section
18.-- (i)
In sub-section (1), for "Code of
Criminal Procedure, Samvat 1989" substitute "Code of Criminal
Procedure, 1973(2 of 1974)". (ii)
In sub-section (3), for "section
403 of the Code of Criminal Procedure, Samvat 1989" substitute
"section 300 of the Code of Criminal Procedure, 1973(2 of 1974)". Section
19.--Omit "State". Section
21.--For "Ranbir Penal Code, Samvat
1989" substitute "Indian Penal Code, (45 of 1860)". Section
28.--For "Code of Criminal Procedure,
Samvat 1989" substitute "Code of Criminal Procedure, 1973(2 of
1974)". (34) THE JAMMU AND KASHMIR STATE FOREST CORPORATION ACT (Act No. XII of 1978) Repeal
as a whole. (35) THE JAMMU AND KASHMIR FOREST PROTECTION FORCE ACT (Act No. VI of 2001) Throughout
the Act, for "State" substitute "Union territory of Jammu and Kashmir". Section
1.--In sub-section (2), for "whole of
the Jammu and Kashmir State" substitute "whole of the Union territory
of Jammu and Kashmir". Section
2.-- (i)
In clause (d),- (a)
In sub-clause (i), for
"demarcated forest", "undemarcated forest" and the Jammu
and Kashmir Forest Act, Samvat, 1987" substitute "Reserved
forest", "Protected forest" and "the Indian Forest Act,
1927"(16 of 1927) respectively; and (b)
In sub-clause (ii), for "the
Jammu and Kashmir Wildlife (Protection) Act, 1978" substitute "the
Wildlife (Protection) Act, 1972(53 of 1972)"; (ii)
In clause (e), for "the
Government of Jammu and Kashmir" substitute "the Government of Union
territory of Jammu and Kashmir"; and (iii)
In clause (h), for "the Jammu and
Kashmir Wildlife (Protection) Act, 1978 or the Jammu and Kashmir Forest Act,
Samvat, 1987" substitute "the Wildlife (Protection) Act, 1972(53 of
1972) or the Indian Forest Act, 1927 (16 of 1927)". Section
6.--In sub-section (2), for "the
State Government" substitute "the Government of the Union territory
of Jammu and Kashmir". Section
7.--In sub-section (1), for "section
126 of the Constitution of Jammu and Kashmir" substitute "article 311
of the Constitution of India". Section
10.-- (i)
In sub-section (1), In clause (i), for
"the Jammu and Kashmir Forest Act, Samvat, 1987" and "the Jammu
and Kashmir Wildlife (Protection) Act, 1978", substitute "the Indian
Forest Act, 1927(16 of 1927)" and "the Wildlife (Protection) Act,
1972(53 of 1972)" respectively. (ii)
In sub-section (9), for "the Code
of Criminal Procedure, Samvat, 1989," substitute "the Code of
Criminal Procedure, 1973(2 of 1974)". Section
11.--In sub-section (2), for "the Code
of Criminal Procedure, Samvat, 1989", substitute "the Code of
Criminal Procedure, 1973(2 of 1974)". Section
16.--In sub-section (2), for "the Code
of Criminal Procedure, Samvat, 1989," substitute "the Code of
Criminal Procedure, 1973(2 of 1974)". Section
18.--In sub-section (4), for "each
House of the State Legislature" and "both Houses agree" substitute
"Legislative Assembly of the Union territory of Jammu and Kashmir"
and "Legislative Assembly agrees" respectively. (36) THE JAMMU AND KASHMIR FRUIT NURSERIES (LICENSING) ACT (Act No. XXII of 1987) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- After
clause (c), Insert- '(cc) "Government" means the Government of the
Union territory of Jammu and Kashmir'. Section
7.--For "State", wherever
occurring, substitute "Union territory of Jammu and Kashmir". Section
17.--For "the Code of Criminal
Procedure, Samvat, 1989" substitute "the Code of Criminal Procedure,
1973 (2 of 1974)". Section
18.--For "section 21 of the Jammu and
Kashmir State Ranbir Penal Code" substitute "section 21 of the Indian
Penal Code (45 of 1860)". Section
21.--In sub-section (3), for "before
each House of the State Legislature" substitute "the Legislative
Assembly of the Union territory of Jammu and Kashmir". (37) THE JAMMU AND KASHMIR GIFT GOODS (UNLAWFUL POSSESSION) ACT (Act No. XL of 1963) Section
1.--In sub section (2), for "the
whole State" substitute "the whole of the Union territory of Jammu
and Kashmir". Section
4.--For "the Code of Criminal
Procedure, Samvat 1989" substitute "the Code of Criminal Procedure,
1973 (2 of 1974)". (38) THE JAMMU AND KASHMIR GOLF DEVELOPMENT AND MANAGEMENT
AUTHORITY ACT (Act No. VII of 2013) Repeal
as a whole. (39) THE JAMMU AND KASHMIR GOVERNMENT GAZETTE ACT (Act No. XII of Samvat 1945) Throughout
the Act, for "State", "Government" and "Government
Gazette", wherever occurring, substitute "Union territory of Jammu
and Kashmir", "Government of the Union territory of Jammu and
Kashmir" and "Official Gazette" respectively. (40) THE JAMMU AND KASHMIR GOVERNOR'S SPECIAL SECURITY FORCE ACT (Governor's Act No. XLII of 2018) Throughout
the Act, for "Governor", "State" and "Government"
wherever occurring, substitute "Lieutenant Governor", "Union
territory of Jammu and Kashmir" and "Government of the Union
territory of Jammu and Kashmir". Long
title.--For "Jammu and Kashmir
Governor" substitute "Lieutenant Governor of the Union territory of
Jammu and Kashmir". Section
2.--In the Explanation, for "State
Ranbir Penal Code" substitute "Indian Penal Code (45 of 1860)". (41) THE JAMMU AND KASHMIR HABITUAL OFFENDERS (CONTROL AND
REFORM) ACT (Act No. XI of 1956) Throughout
the Act, for "State" and "Government" wherever occurring,
substitute "Union territory of Jammu and Kashmir" and
"Government of the Union territory of Jammu and Kashmir". Section
1.--In sub section (2), for "whole of
the Jammu and Kashmir State" substitute "whole of the Union territory
of Jammu and Kashmir". Section
2.--For "Code of Criminal Procedure,
1989" substitute "Code of Criminal Procedure, 1973 (2 of 1974)". Section
18.--In sub section (2), for
"Code" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
21.--For "Ranbir Penal Code (Act XII
of 1989)" substitute "Indian Penal Code (45 of 1860)". Section
24.--In sub-sections (1) and (2), for
"section 565 of the State Code" substitute "section 356 of the
Code of Criminal Procedure, 1973 (2 of 1974)." Schedule.-- (i)
In clauses (1) and (2), for
"Ranbir Penal Code (Act XII of 1989)" substitute "Indian Penal
Code (45 of 1860)"; (ii)
In clause (3), for "The Public Gambling
Act 1977 (XVIII of 1977)" substitute "Public Gambling Act 1867 (3 of
1867)"; and (iii)
In clause (4), for "Essential
Supplies (Temporary Powers) Ordinance (Ordinance No. 1 of 2003" substitute
"Essential Commodities Act, 1955 (10 of 1955)". (42) THE JAMMU AND KASHMIR HANDICRAFTS (QUALITY CONTROL) ACT (Act No. IV of 1978) Section
1.--In sub-section (2), for "whole of
the State" substitute "whole of the Union territory of Jammu and
Kashmir." Section
2.--After clause (c), Insert- '(cc) "Government" means the Government of the
Union territory of Jammu and Kashmir.'. Section
10.--In sub-section (2), for "State
Ranbir Penal Code, Samvat 1989", substitute "Indian Penal Code (45 of
1860)". Section
12.--In sub-section (2), for "sections
102 and 103 of the Code of Criminal Procedure, Samvat 1989" substitute
"section 100 of the Code of Criminal Procedure, 1973 (2 of 1974)". (43) THE JAMMU AND KASHMIR HERITAGE CONSERVATION AND
PRESERVATION ACT (Act No. XV of 2010) Throughout
the Act, for "State" substitute "Union territory of Jammu and
Kashmir". Section
2.--For clause (h), substitute- '(h) "Government"
means the Government of Union territory of Jammu and Kashmir.'. Section
15.-- In
sub-section (1), for "five thousand rupees" substitute "fifty
thousand rupees". (44) THE JAMMU AND KASHMIR HIGHWAYS ACT (Act No. XXVII of Samvat 2007) Section
1.--In sub-section (2), for "whole of
Jammu and Kashmir State" substitute "whole of the Union territory of
Jammu and Kashmir". Section
2.--After the opening paragraph, Insert- '"Government"
means the Government of the Union territory of Jammu and Kashmir.' (45) THE JAMMU AND KASHMIR HOME GUARDS ACT (Act No. III of Samvat 2006) Throughout
the Act, for "Government" wherever occurring substitute "Union
territory of Jammu and Kashmir". Section
1.--In sub-section (2), for "whole of
the State" substitute "whole of the Union territory of Jammu and
Kashmir". Section
6-B.--In sub-section (1), for "Ranbir
Penal Code 1989" substitute "Indian Penal Code (45 of 1860)". Section
6-C.--In sub-section (2), for "Code of
Criminal Procedure, Samvat, 1989" substitute "Code of Criminal
Procedure, 1973 (2 of 1974)". (46) THE JAMMU AND KASHMIR HOUSING BOARD ACT (Act No. VII of 1976) Section
1.--In sub section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--In clause (12), for "a Town Area
Committee or a notified Area Committee" substitute "a Municipal
Corporation or Council or Committee". Section
36.--In sub-section (4), for "sections
193 and 228 of the Ranbir Penal Code" substitute "sections 193 and
228 of the Indian Penal Code (45 of 1860)". Section
39.--For "the Jammu and Kashmir Houses
and Shops Rent Control Act, 1966" substitute "the Jammu and Kashmir
Residential and Commercial Tenancy Act, 2012". Section
40.--For "Transfer of Property Act,
Svt. 1977" substitute "Transfer of Property Act, 1882 (4 of
1882)". Section
64.--For "Ranbir Penal Code"
substitute "Indian Penal Code (45 of 1860)". (47) THE JAMMU AND KASHMIR INDUSTRIAL ESTABLISHMENTS (NATIONAL
FESTIVAL) HOLIDAYS ACT (Act No. XIII of 1974) Preamble.--For "State" substitute "Union territory of
Jammu and Kashmir". Section
1.-- (i)
In sub-section (2), for "whole of
Jammu and Kashmir State" substitute "whole of the Union territory of
Jammu and Kashmir"; (ii)
In sub-section (3), for
"Government Gazette" substitute "Official Gazette". Section
6.--In sub-section (2), for "Ranbir
Penal Code, 1989" substitute "Indian Penal Code (45 of 1860)". (48) THE INSPECTOR GENERAL OF PRISONS (CHANGE In DESIGNATION)
ACT (Act No. XIII of 2001) Repeal
as a whole. (49) THE ISLAMIC UNIVERSITY OF SCIENCE AND TECHNOLOGY, KASHMIR
ACT (Act No. XVIII of 2005) Section
2.-- (i)
For clause (b), substitute- '(b) "Board"
means Board of Waqf established under section 13 of the Waqf Act, 1995 (43 of
1955)'; and (ii)
for clause (h), substitute- '(h) "State"
means the Union territory of Jammu and Kashmir.'. Section
8.-- (i)
In sub-section (1), for "the
Chief Minister" substitute "the Lieutenant Governor of the Union
territory of Jammu and Kashmir"; and (ii)
for sub-section (4), substitute- "(4) There shall
be a Dean for each Faculty of Basic Disciplines (Engineering, Science
Management and Humanities and Social Sciences) who shall be appointed In such
manner and with such powers and duties as may be prescribed by the Statutes,
and there shall be Head for each School of Study who shall be appointed In such
manner and with such powers and duties as may be prescribed by the
Statutes.". Section
27.--For "Government Gazette"
substitute "Official Gazette". Schedule.--In clause (5), for sub-clause (i), substitute- "(i) The
Vice-Chancellor of a University shall In case he is whole-time paid officer,
receive salary not exceeding the limit prescribed by the University Council and
other facilities as the Chancellor may determine, In addition to free
residential accommodation". (50) THE JAMMU AND KASHMIR KAHCHARAI ACT (Act No. XVIII of Samvat 2011) Section
1.--In sub-section (2), for "whole of
the State" substitute "whole of the Union territory of Jammu and
Kashmir". Section
3.--In clause (4) for "Jammu and
Kashmir Forest Act, 1987" substitute "Indian Forest Act, 1927 (16 of
1927)". Section
25.--For "Code of Criminal
Procedure" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
32.--For "Code of Criminal
Procedure" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". (51) THE KASHMIR AND JAMMU UNIVERSITIES ACT (Act No. XXIV of 1969) Section
8.--For "State" wherever
occurring substitute "Union territory of Jammu and Kashmir". Section
10.--For "Governor" substitute
"Lieutenant Governor of the Union territory of Jammu and Kashmir". Section
11.--For "Jammu and Kashmir
State" substitute "Union territory of Jammu and Kashmir". Section
12.--In sub-section (5), In the second
proviso;- (i)
for "five years" substitute
"three years"; and (ii)
omit wherever occurring "In
consultation with the Pro-Chancellor" and also omit "who is or has
been a Judge of the High Court". Section
16.--In sub-section (1), for
"Secretary to Government" substitute "Administrative
Secretary". (52) THE KASHMIR SILK PROTECTION ACT (Notification No. 14 of Samvat 1964) Repeal
as a whole. (53) THE JAMMU AND KASHMIR KHADI AND VILLAGE INDUSTRIES BOARD
ACT (Act No. XVI of 1965) Throughout
the Act,- (i)
For "the State" substitute
"the Union territory of Jammu and Kashmir"; (ii)
for "both the Houses of State
Legislature" substitute "Legislative Assembly of the Union territory
of Jammu and Kashmir"; Section
1.--In sub-section (2), for "the
whole State" substitute "the Union territory of Jammu and
Kashmir". Section
32.--For "Jammu and Kashmir State
Ranbir Penal Code Samvat 1989" substitute "Indian Penal Code (45 of
the 1860)". (54) THE LADAKH AUTONOMOUS HILL DEVELOPMENT COUNCIL ACT (Act No. XXXI of 1997) Repeal
as a whole for the Union territory of Jammu and Kashmir. (55) THE LADAKH BUDHISTS SUCCESSION TO PROPERTY ACT (Act No. XVIII of Samvat 2000) Repeal
as a whole for the Union territory of Jammu and Kashmir. (56) THE JAMMU AND KASHMIR LAMBARDARI ACT (Act No. X of 1972) Throughout
the Act, for "State" and "Government" wherever occurring,
substitute "Union territory of Jammu and Kashmir" and
"Government of the Union territory of Jammu and Kashmir"
respectively. Section
1.--In sub section (2), for "whole of
the State" substitute "whole of the Union territory of Jammu and
Kashmir". (57) THE JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY (SPEAKER'S
EMOLUMENTS) ACT (Act No. IV of 1956) Section
1.--In sub-section (2), for
"Government Gazette" substitute "Official Gazette". (58) THE JAMMU AND KASHMIR LEGISLATIVE COUNCIL CHAIRMAN'S
(EMOLUMENTS) ACT (Act No. XXVIII of 1962) Repeal
as a whole. (59) THE JAMMU AND KASHMIR STATE LEGISLATURE MEMBERS' PENSION
ACT (Act No. II of 1984) Section
3.--In sub-section (1-A), Insert- "Provided
that the total pension shall not exceed rupees seventy-five thousand per
mensem." Section
3-C.--Omit. (60) JAMMU AND KASHMIR STATE LEGISLATURE (PREVENTION OF
DISQUALIFICATION) ACT, 1962 (Act No. XVI of 1962) Throughout
the Act, for "Government Gazette" wherever occurring substitute
"Official Gazette". Preamble
and long title.--For "State Legislature"
substitute "Legislative Assembly of the Union territory". Section
2.--In clause (a), for "Jammu and
Kashmir State Legislature" substitute "the Legislative Assembly of
the Union territory of Jammu and Kashmir". Section
3.-- (i)
For "the Jammu and Kashmir State
Legislature", wherever occurring, substitute "Legislative Assembly of
the Union territory of Jammu and Kashmir"; (ii)
In clause (b), for "either House
of the Jammu and Kashmir State Legislature" substitute "Legislative
Assembly of the Union territory of Jammu and Kashmir"; (iii)
In clause (d), for "State"
substitute "Union territory"; (iv)
In sub-clause (ii) of clause (dd), for
"State" substitute "Union territory"; (v)
omit sub-clauses (xix) and (xx) of
clause (h); (vi)
In clause (i), for "under the
Jammu and Kashmir Societies Registration Act, Samvat 1998 or any other
law" substitute "under any law In force In the Union territory of
Jammu and Kashmir". (61) THE JAMMU AND KASHMIR STATE LEGISLATURE PROCEEDINGS
(PROTECTION OF PUBLICATION) ACT (Act No. XXXVII of 1960) Throughout
the Act, for "the Jammu and Kashmir State Legislature" substitute
"the Legislative Assembly of the Union territory of Jammu and
Kashmir". (62) LEVY OF TOLLS ACT (Act No. VIII of Samvat 1995) Throughout
the Act, for "State", substitute "Union territory of Jammu and
Kashmir". Section
1.--In sub-section (2), for "whole of
Jammu and Kashmir State" substitute "whole of the Union territory of
Jammu and Kashmir". (63) THE JAMMU AND KASHMIR MIGRANT IMMOVEABLE PROPERTY
(PRESERVATION, PROTECTION AND RESTRAINT ON DISTRESS SALES) ACT (Act No. XVI of 1997) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
6.-- (i)
In sub-section (2), omit the proviso;
and (ii)
after sub-section (2), Insert- "(3) The
Competent authority shall prepare the details of immovable property of migrants
In such format, as may be prescribed, and take appropriate action to evict
unauthorised occupant of such migrant property Including such action as
provided In section 5." (64) THE JAMMU AND KASHMIR MIGRANTS (STAY OF PROCEEDINGS) ACT (Act No. XVII of 1997) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". (65) THE JAMMU AND KASHMIR MINISTERS' AND MINISTERS OF STATE
SALARIES ACT (Act No. VI of 1956) Section
3.-- (i)
In sub-section (1), In clause (a),
omit "exclusive of tax on Income leviable under the Income Tax Act,
1961"; (ii)
omit sub-section (1-a); (iii)
In sub-section (2), for "State
Government" substitute "the Government of the Union territory of
Jammu and Kashmir"; (iv)
In sub-section (3), In the proviso for
"Governor" substitute "Lieutenant Governor of the Union
territory of Jammu and Kashmir". Section
3-A.--For "Governor" substitute
"Lieutenant Governor of the Union territory of Jammu and Kashmir". Section
3-B.--For "Governor" substitute
"Lieutenant Governor of the Union territory of Jammu and Kashmir". Section
4.--For "Governor" wherever
occurring substitute "Governor of the Union territory of Jammu and
Kashmir". (66) THE JAMMU AND KASHMIR MINISTERS' AND PRESIDING OFFICERS'
MEDICAL FACILITIES ACT (ACT No. XXII of 1975) Repeal
as a whole. (67) THE JAMMU AND KASHMIR MONEY LENDERS AND ACCREDITED LOAN
PROVIDERS ACT (Act No. XXIII of 2010) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
For clause (5), substitute- "(5) Government
means the Government of the Union territory of Jammu and Kashmir"; (ii)
In clause (8), In sub-clause (n), for
"Jammu and Kashmir Societies Registration Act, Samvat 1998"
substitute "Societies Registration Act, 1860 (21 of 1860)"; (iii)
In clause (9), for "the Jammu and
Kashmir Legal Services Authority Act, 1997" substitute "the Legal
Services Authority Act, 1987 (39 of 1987)". Section
3.--For "Government Gazette"
substitute "Official Gazette". Section
8.--For "Code of Criminal Procedure,
Samvat 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
10.-- (i)
In sub-section (5), for "Code of
Civil Procedure, 1977" substitute "Code of Civil Procedure, 1908 (5
of 1908)"; (ii)
In sub-section (6), for "Code of
Civil Procedure, 1977" substitute "Code of Civil Procedure, 1908 (5
of 1908)". Section
26.--For "Ranbir Penal Code"
substitute "Indian Penal Code (45 of 1860)" Section
28.-- (i)
In sub-section (1), for
"Government Gazette" substitute "Official Gazette"; (ii)
In sub-section (3), for "each
House of State Legislature" and "both Houses" wherever occurring
substitute respectively "Legislative Assembly of the Union territory of
Jammu and Kashmir" and "Legislative Assembly". Section
29.--For "Government Gazette"
substitute "Official Gazette". Section
30.--For "In the table of both the
Houses of State Legislature" substitute "before the Legislative Assembly
of the Union territory of Jammu and Kashmir". (68) THE JAMMU AND KASHMIR MOTOR SPIRIT AND DIESEL OIL (TAXATION
OF SALES) ACT (Act No. V of Samvat 2005) Section
3-A.--In sub-section (1), for
"State" and "Government Gazette" substitute respectively
"Union territory of Jammu and Kashmir" and "Official
Gazette"; Section
11.--For "Code of Criminal Procedure,
1989" wherever occurring substitute "Code of Criminal Procedure, 1973
(2 of 1974)". Section
12.--For "Code of Criminal Procedure,
1989" wherever occurring substitute "Code of Criminal Procedure, 1973
(2 of 1974)". Section
13.--For "Code of Criminal Procedure,
1989" wherever occurring substitute "Code of Criminal Procedure, 1973
(2 of 1974)". Section
15.--For "Code of Criminal Procedure,
1989" wherever occurring substitute "Code of Criminal Procedure, 1973
(2 of 1974)". Section
22-C.--For "the Limitation Act, Samvat,
1995" substitute "the Limitation Act, 1963 (36 of 1963)". (69) THE JAMMU AND KASHMIR MOTOR VEHICLE TAXATION ACT (Act No. XXVI of 1957) Throughout
the Act, for "the Jammu and Kashmir State" or "the State of
Jammu and Kashmir" substitute "Union territory of Jammu and
Kashmir". Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
In clause (i), for "the Jammu and
Kashmir Motor Vehicles Act, Samvat, 1998", substitute "the Motor
Vehicles Act, 1988 (59 of 1988)"; (ii)
after clause (i), Insert- '(ia) "Government" means the Government of the
Union territory of Jammu and Kashmir'; and (iii)
In clauses (VI), (VII) and (VIII), for
"the Jammu and Kashmir Motor Vehicles Act, Samvat 1998" substitute
"the Motor Vehicles Act, 1988 (59 of 1988)". Section
3.--In sub-section (2), omit the proviso. Section
4.-- (i)
In sub-section (1), In clause (C),
omit "(not exceeding the maximum specified In Schedule II)"; and (ii)
In sub-section (3), In sub-clause (ii)
of clause (a), for "the Jammu and Kashmir Motor Vehicles Act, Samvat,
1998" substitute "the Motor Vehicles Act, 1988 (59 of 1988)". Omit
Schedule I and Schedule II. (70) THE JAMMU AND KASHMIR MULBERRY PROTECTION ACT (Act No. X of Svt. 2006) Throughout
the Act, for "the State" substitute "the Union territory of
Jammu and Kashmir". Section
1.--In sub-section (2), for "the
Jammu and Kashmir State" substitute" the Union territory of Jammu and
Kashmir". Section
2.--For "the State" substitute
"the Union territory of Jammu and Kashmir". Section
3.--After clause (2), Insert- '(2a) "Government" means the Government of the
Union territory of Jammu and Kashmir'. Section
11.--For "the Criminal Procedure Code,
Samvat 1989" substitute "the Criminal Procedure Code, 1973 (2 of
1974)". Section
15.--In sub-section (1), In the proviso,
for "the Criminal Procedure Code, Samvat 1989" substitute "the Criminal
Procedure Code, 1973 (2 of 1974)". Section
16.--For "Chapter XIX of Criminal
Procedure Code, Samvat 1989" substitute "Chapter XVII of the Criminal
Procedure Code, 1973 (2 of 1974)". (71) THE JAMMU AND KASHMIR MUNICIPAL OMBUDSMAN ACT (Act No. XX of 2010) Throughout
the Act, for "Government Gazette", "Governor" and
"State" substitute "Official Gazette", "Lieutenant
Governor" and "Union territory of Jammu and Kashmir". Section
2.-- (i)
In clause (e), for "Chapter IX of
the Jammu and Kashmir State Ranbir Penal Code, Samvat, 1989 or under the Jammu
and Kashmir Prevention of Corruption Act, Samvat, 2006" substitute
"Chapter IX of the Indian Penal Code (45 of 1860) or under the Prevention
of Corruption Act, 1988 (49 of 1988)"; (ii)
In clause (f), for "the
Government of Jammu and Kashmir" substitute "the Government of the
Union territory of Jammu and Kashmir"; and (iii)
omit clause (p). Section
3.--In sub-section (1),- (i)
In the first proviso, for "Judge
of a High Court or is eligible to be appointed as Judge of High Court" substitute
"Judge of a High Court or is eligible to be appointed as Judge of High
Court or who has held the post of Commissioner or Secretary to the Government
or equivalent rank"; and (ii)
In the second proviso, for "the
Governor shall consult the Chairman of the Legislative Council" substitute
"the Lieutenant Governor shall consult". (iii)
after the second proviso, Insert- "Provided
also that during the continuation of Proclamation issued under section 73 of
the Jammu and Kashmir Reorganisation Act, 2019(34 of 2019), the Ombudsman shall
be appointed by the Lieutenant Governor on the recommendation of the Committee
consisting of- (a)
Advisors to the Lieutenant Governor
(one of whom shall be nominated by the Lieutenant Governor, who shall be the
Chairperson of the Committee); and (b)
Chief Secretary
(Member-Secretary).". Section
4.--For sub-section (2), substitute- "(2) The
Ombudsman shall be entitled to pay and allowances as admissible to a Judge of
the common High Court of Jammu and Kashmir.". Section
8.--For "the Code of Civil Procedure,
Samvat 1977" substitute "the Code of Civil Procedure, 1908 (5 of
1908)". Section
11.--In sub-section (4), In clause (b), for
"the Jammu and Kashmir Commission of Inquiries Act, 1962" substitute
"the Commissions of Inquiry Act, 1952 (60 of 1952)". Section
13.--Omit sub-section (3). Section
16.--In sub-section (3), for "the
State Legislative Assembly" substitute "the Legislative Assembly of
the Union territory of Jammu and Kashmir". (72) THE JAMMU AND KASHMIR MUNICIPALITIES PUBLIC DISCLOSURE ACT (Act No. XXIV of 2010) Preamble.--For "State" substitute "Union territory of
Jammu and Kashmir". (73) THE JAMMU AND KASHMIR MUSLIM MARRIAGES REGISTRATION ACT (Act No. XXII of 1981) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--In clauses (b) and (c), for "the
Registration Act, Samvat 1977" wherever occurring substitute "the
Registration Act 1908 (16 of 1908)". Section
6.--For "Evidence Act, 1977"
substitute "Indian Evidence Act, 1872 (1 of 1872)". (74) THE JAMMU AND KASHMIR NAMDHA QUALITY CONTROL ACT, 2010 [Act No. VI of Samvat 2010 (1953 A.D.)] Preamble.--For "Jammu and Kashmir State" substitute
"Union territory of Jammu and Kashmir". Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--In clause (e), for "Jammu and
Kashmir State" substitute "Union territory of Jammu and
Kashmir". Section
6-B.--In sub-section (2), for "sections
102 and 103 of the Code of Criminal Procedure Samvat, 1989" substitute
"section 100 of the Code of Criminal Procedure, 1973 (2 of 1974)". (75) THE NATIONAL DEFENCE FUND DONATION OF IMMOVABLE PROPERTY
(EXEMPTION FROM STAMP DUTY AND REGISTRATION) ACT (Act No. V of 1963) Throughout
the Act, any reference to "Government" and "Government
Gazette" shall be construed to mean as "Government of the Union
territory of Jammu and Kashmir" and "Official Gazette"
respectively. (76) THE JAMMU AND KASHMIR NATIONAL LAW UNIVERSITY ACT, 2018 (Act No. II of 2019) Section
3.--In sub-section (1), for "State of
Jammu and Kashmir" substitute "Union territory of Jammu and
Kashmir". Section
4.--In clause (v), omit "and the
Constitution of Jammu and Kashmir". Section
8.--For "The Chief Minister"
substitute "The Chief Justice". Section
12.--In sub-section (1), In clause (d), for
"the Chief Justice" substitute "the Chancellor". (77) THE JAMMU AND KASHMIR NATURAL CALAMITIES DESTROYED AREAS
IMPROVEMENT ACT, 2011 (1954 A.D.) (Act No. XXXVIII of Samvat 2011) Throughout
the Act, for "Government", "Government Gazette" and
"State" substitute respectively "Government of the Union
territory of Jammu and Kashmir", "Official Gazette" and
"Union territory of Jammu and Kashmir". Throughout
the Act, for "Land Acquisition Act" or "Land Acquisition Act,
Svt. 1990" substitute "the Right to Fair Compensation and
Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30
of 2013)". Section
1.--In sub-section (2), for "whole of
the State" substitute "whole of the Union territory of Jammu and
Kashmir". Section
2.--In clause (a), for "Jammu and
Kashmir Municipal Act, 1998" substitute "Jammu and Kashmir Municipal
Act, 2000". Section
4.--In clause (o), for "the Jammu and
Kashmir Municipal Act, 1998, the Town Area Act, 1997" and "the
Village Panchayat Act, 2008" substitute "the Jammu and Kashmir
Municipal Act, 2000" and "Jammu and Kashmir Panchayati Raj Act,
1989" respectively. Section
9.--For "sections 4 and 6",
wherever occurring Including In the marginal heading, substitute "sections
11 and 19". Section
10.--For "sections 15, 23 and
24", wherever occurring, substitute "sections 26, 27 and 28." (78) THE JAMMU AND KASHMIR NON-BIODEGRADABLE MATERIAL
(MANAGEMENT, HANDLING AND DISPOSAL) ACT (Act No. XII of 2007) Throughout
the Act, for "Government Gazette" and "State" wherever
occurring substitute "Official Gazette" and "Union territory of
Jammu and Kashmir" respectively. Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--Omit clause (k). Section
6.--In sub-section (4), for "Code of
Criminal Procedure, Samvat 1989" substitute "Code of Criminal
Procedure, 1973 (2 of 1974)" and for "section 98" substitute
"section 94". Section
9.--In sub-section (1), for clause (iv),
substitute- "(iv) damage the
lakes, rivers or wetland or other water channel, water-course or water source
as defined In the Jammu and Kashmir Water Resources (Regulation and Management)
Act, 2010". Section
10.-- (i)
In sub-section (1), for "Rs.
5000/-" substitute "Rs. 50,000/-"; and (ii)
In sub-section (2), for "may
extend up to Rs. 10,000/-" substitute "not less than Rs.
10,000/-". Section
12.--For "sections 260 to 265 of the
Code of Criminal Procedure, Samvat 1989" substitute "sections 260,
262 to 265 of the Code of Criminal Procedure, 1973 (2 of 1974)". (79) THE JAMMU AND KASHMIR OBSOLETE LAWS (REPEAL) ACT (Act No. XXVII of 2010) Throughout
the Act, for "State" and "Government" wherever occurring substitute
"Union territory of Jammu and Kashmir" and "Government of the
Union territory of Jammu and Kashmir" respectively. (80) THE JAMMU AND KASHMIR OMBUDSMAN FOR PANCHAYATS ACT (Act No. V of 2014) Throughout
the Act, for "Governor" and "State" wherever occurring,
substitute "Lieutenant Governor" and "Union territory of Jammu
and Kashmir" respectively. Section
2.-- (i)
In sub-clause (e), for "Jammu and
Kashmir State Ranbir Penal Code, Samvat 1989" substitute "Indian
Penal Code (45 of 1860)"; and (ii)
In clause (f), for "Government of
Jammu and Kashmir" substitute "Government of the Union territory of
Jammu and Kashmir". Section
3.--In sub-section (1),- (i)
In the second proviso, omit
"Chairman of the Legislative Council"; (ii)
In third proviso, substitute the sign
full stop (.) at the end by the sign colon (:) and thereafter Insert- "Provided
that during the continuation of Proclamation issued under section 73 of the
Jammu and Kashmir Reorganisation Act, 2019(34 of 2019), the Ombudsman shall be
appointed by the Lieutenant Governor on the recommendation of the Committee
consisting of- (a)
Advisors to the Lieutenant Governor
(one of whom shall be nominated by the Lieutenant Governor, who shall be the
Chairperson of the Committee); and (b)
Chief Secretary
(Member-Secretary).". Section
8.--For "Code of Civil Procedure,
Samvat 1977" substitute "Code of Civil Procedure, 1908 (5 of
1908)". Section
11.--In sub-section (4), for "Jammu
and Kashmir Commission of Inquires Act, 1962" substitute "The
Commission of Inquiry Act, 1952 (60 of 1952)". Section
13.--Omit sub-section (3). (81) THE JAMMU AND KASHMIR PARAMEDICAL COUNCIL ACT (Act No. VII of 2014) Preamble.--For "State" substitute "Union territory of
Jammu and Kashmir". Throughout
the Act, for "State" substitute "Union territory of Jammu and
Kashmir." Section
2.--In clause (d),- (i)
In sub-clause (ii), for "clause
(d) of section 2 the Jammu and Kashmir Homeopathic Practitioners Act, 2003(Act
No. VIII of 2003)" substitute "clause (d) of section 2 the
Homoeopathy Central Council Act, 1973 (59 of 1973)"; and (ii)
In sub-clause (iii), for "clauses
(2) and (3) respectively of section 2 of the Jammu and Kashmir Ayurvedic and
Unani Practitioners Act, 1959 (Act No. XXVI of 1959)" substitute
"provisions of the Indian Medicine Central Council Act, 1970 (48 of
1970)." Section
5.--Omit clause (a). Section
31.--In sub-section (3), for "the Code
of Criminal Procedure Samvat 1989" substitute "the Code of Criminal
Procedure, 1973 (2 of 1974)". Section
32.--In sub-section (4), for "State
Ranbir Penal Code" substitute "Indian Penal Code (45 of 1860)". Section
38.--In sub-section (3), for "Evidence
Act, Samvat 1977" substitute "Indian Evidence Act, 1872 (1 of
1872)". Section
42.--For "Evidence Act, Samvat
1977", "the Public Servants (Inquiries) Act, Svt. 1977" and
"the Code of Civil Procedure" substitute respectively "Indian
Evidence Act, 1872 (1 of 1872) ", "the Public Servants (Inquiries)
Act, 1850 (37 of 1850)" and "the Code of Civil Procedure, 1908 (5 of
1908)". (82) THE JAMMU AND KASHMIR PASSENGERS TAXATION ACT (Act No. XII of 1963) Section
12.--In sub-section (5), for the words
"the Code of Civil Procedure Samvat, 1977" substitute "the Code
of Civil Procedure 1908 (5 of 1908)". Section
16-B.--For the words "Limitation Act,
Samvat 1995" substitute "Limitation Act, 1963 (36 of 1963)". (83) THE JAMMU AND KASHMIR PLANT DISESASES AND PESTS ACT (Act No. XVI of 1973) Throughout
the Act, for "the State" substitute "the Union territory of
Jammu and Kashmir". Section
1.--In sub-section (2), for "the
whole of the State of Jammu and Kashmir" substitute "whole of the
Union territory of Jammu and Kashmir". Section
16.--In sub-section (4), for "each
House of the State Legislature" substitute "Legislative Assembly of
the Union territory of Jammu and Kashmir.". (84) THE PLYBOARD INDUSTRIES (ACQUISITION OF SHARES AND OF THE
INDUSTRIAL UNDERTAKINGS) ACT (Act No. VI of 1987) Repeal
as a whole. (85) THE POLICE ACT (Act No. II of Samvat 1983) Throughout
the Act, for "State" and "Code of Criminal Procedure Samvat
1989" substitute respectively "Union territory of Jammu and
Kashmir" and "Code of Criminal Procedure, 1973(2 of 1974)" (86) THE JAMMU AND KASHMIR PRESERVATION OF SPECIFIED TREES ACT (Act No. V of 1969) Throughout
the Act, for "State" substitute "Union territory of Jammu and
Kashmir". Section
1.--In sub-section (2), for "the
whole of the State of Jammu and Kashmir" substitute "whole of the
Union territory of Jammu and Kashmir". (87) THE JAMMU AND KASHMIR PREVENTION OF BEGGARY ACT (Act No. XL of 1960) Section
1.--In sub-section (2), for "the
whole of the State of Jammu and Kashmir" substitute "the whole of the
Union territory of Jammu and Kashmir". Section
4.--In sub-section (2), for the words
"section 61 of the Code of Criminal Procedure Svt. 1989" substitute
"section 57 the Code of Criminal Procedure, 1973 (2 of 1974)". (88) PREVENTION OF RIBBON DEVELOPMENT ACT (Act No. XXVI of Svt. 2007) Section
1.--In sub-section (2), for "the
whole of the State of Jammu and Kashmir" substitute "the whole of the
Union territory of Jammu and Kashmir". (89) THE PREVENTION OF RUM RASUM ACT (Act No. I of Samvat 1997) Section
2.--In sub-section (2), for "whole of
Jammu and Kashmir State" substitute "whole of the Union territory of
Jammu and Kashmir". (90) THE JAMMU AND KASHMIR PREVENTION AND SUPPRESSION OF
SABOTAGES ACT (Act No. XXII of 1965) Section
2.-- (i)
In clause (b), for "Government
Gazette" substitute "Official Gazette" and for "section 96
of Constitution of Jammu and Kashmir" substitute "article 217 of the
Constitution of India". (ii)
In clause (c), for "Code of
Criminal Procedure, Samvat 1989" substitute "Code of Criminal
Procedure, 1973 (2 of 1974)". (iii)
after clause (c), Insert-'(d)
"Government" means Government of the Union territory of Jammu and
Kashmir'. Section
11.--For "Evidence Act, Samvat
1977" substitute "Indian Evidence Act, 1872 (1 of 1872)". Section
12.--Omit "or to make any order under
section 491 of the Code". (91) THE JAMMU AND KASHMIR (PREVENTION OF UNFAIR MEANS)
EXAMINATION, ACT (Act No. XX of 1987) Section
1.--In sub-section (2), for "the
State of Jammu and Kashmir" substitute "the Union territory of Jammu
and Kashmir". Section
2.-- (i)
After clause (f), Insert- '(ff) "Government" means Government of the Union
territory of Jammu and Kashmir'. (ii)
In clause (1), for "the State
Legislature" substitute "the Legislative Assembly of the Union
territory of Jammu and Kashmir". Section
7.--For "the Code of Criminal
Procedure, Samvat 1989" substitute "the Criminal Procedure Code,
1973(2 of 1974)". Section
8.-- (i)
For "the Code of Criminal
Procedure, Samvat 1989" substitute "the Criminal Procedure Code,
1973(2 of 1974)"; and (ii)
In clause (iii), for "under
section 259-A of the Criminal Procedure Code, Samvat 1989" substitute
"under Chapter XIX of the Criminal Procedure Code, 1973(2 of 1974)". Section
10.--For "section 21 of the Ranbir
Penal Code" substitute "section 21 of the Indian Penal Code (45 of
1860)". (92) THE JAMMU AND KASHMIR PRIVATE COLLEGES (REGULATION AND
CONTROL) ACT (Act No. XXII of 2002) Throughout
the Act, for "Government Gazette" wherever occurring, substitute
"Official Gazette". Preamble.--For "State" substitute "Union territory of
Jammu and Kashmir". Section
1.--In sub-section (2), for "the
State of Jammu and Kashmir" substitute "the Union territory of Jammu
and Kashmir". Section
2.--(i) for clause (f), substitute- '(f) "Government" means the Government of the
Union territory of Jammu and Kashmir'. (ii) for clause (i), substitute- '(i) "State" means the Union territory of Jammu
and Kashmir.' Section
17.--In sub-sections (1) and (2), for
"State" substitute "Union territory of Jammu and Kashmir". Section
19.--For "the Code of Civil Procedure,
Samvat 1977" substitute "the Code of Civil Procedure, 1908 (5 of
1908)". (93) THE PROBATE AND ADMINISTRATION ACT (Act No. XXIX of Svt. 1977) Section
1.--In sub-section (2), for "whole of
the Jammu and Kashmir State" substitute "whole of the Union territory
of Jammu and Kashmir". Section
3.--In clause under the heading
"Minor", for "The Majority Act, 1977," substitute "the
Majority Act, 1875 (9 of 1875)". Section
5.--For "State" substitute
"Union territory of Jammu and Kashmir". Section
54.--In Para (4), for "the Ranbir
Penal Code" substitute "the Indian Penal Code (45 of 1860)". Section
55.--For "the Code of Civil Procedure,
Samvat 1977" substitute "the Code of Civil Procedure, 1908(5 of
1908)". Section
59.--In Para (5), for "the whole of
State" substitute "the whole of the Union territory of Jammu and
Kashmir". Section
60.--In sub-section (2), In example, for
"the whole of the State" substitute "the whole of the Union
territory of Jammu and Kashmir". Section
65.--For "State" substitute
"Union territory of Jammu and Kashmir". Section
83.--For "the Code of Civil
Procedure", wherever occurring, substitute "the Code of Civil
Procedure, 1908 (5 of 1908)". Section
86.--For "the Code of Civil
Procedure", wherever occurring, substitute "the Code of Civil
Procedure, 1908 (5 of 1908)". Section
89.--For "the Ranbir Penal Code"
substitute "the Indian Penal Code (45 of 1860)". Section
98.-- (i)
In sub-section (3), for "sections
176 and 177 of the Ranbir Penal Code" substitute "sections 176 and
177 of the Indian Penal Code (45 of 1860)"; and (ii)
In sub-section (4), for "section
193 of the Code" substitute "section 193 of the Indian Penal Code (45
of 1860)". Section
99.--For "State", wherever
occurring, substitute "Union territory of Jammu and Kashmir". Section
145-A.--For "State", wherever
occurring, substitute "Union territory of Jammu and Kashmir". Section
150.--For "State" substitute
"Union territory of Jammu and Kashmir". (94) THE JAMMU AND KASHMIR PROFESSIONS, TRADES, CALLINGS AND
EMPLOYMENT TAX ACT (Act No. IX of 2005) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
In clause (g), for "the two
Houses of the State Legislature" and "the State Legislature"
substitute "the Legislative Assembly of the Union territory of Jammu and
Kashmir" and "the Legislature of the Union territory of Jammu and
Kashmir" respectively; (ii)
for clause (j), substitute '(j) "Government"
means the Government of the Union territory of Jammu and Kashmir'; and (iii)
for clause (p), substitute- '(p) "State"
means the Union territory of Jammu and Kashmir'. Section
11.--For "Code of Civil Procedure,
Samvat 1977" substitute "Code of Civil Procedure, 1908 (5 of
1908)". Section
20.--For "State Legislature" and
"each House of the State Legislature" substitute "the
Legislature of the Union territory of Jammu and Kashmir" and "the
Legislative Assembly of the Union territory of Jammu and Kashmir"
respectively. (95) THE JAMMU AND KASHMIR PROHIBITION ON MANUFACTURE OF
SPECIFIED COPPER UTENSILS (BY MACHINE) ACT (Act No. XIII of 2006) Throughout
the Act, for "State" and "Government Gazette", wherever
occurring, substitute "Union territory of Jammu and Kashmir" and
"Official Gazette" respectively. Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--For clause (b), substitute- '(b) "Government" means the Government of the
Union territory of Jammu and Kashmir'. (96) THE JAMMU AND KASHMIR PROHIBITION OF RAGGING ACT (Act No. VI of 2011) Throughout
the Act, for "State" or "State of Jammu and Kashmir",
wherever occurring, substitute "Union territory of Jammu and
Kashmir". Section
1.--In sub-section (2), for
"Government Gazette" substitute "Official Gazette". (97) THE JAMMU AND KASHMIR STATE PROHIBITION OF SMOKING (CINEMA
AND THEATRE HALLS) ACT (Act No. XVIII of Svt. 2009) Repeal
as a whole. (98) THE JAMMU AND KASHMIR PROHIBITION OF SMOKING AND
NON-SMOKERS HEALTH PROTECTION In PUBLIC SERVICE VEHICLES ACT (Act No. XX of 1997) Repeal
as a whole. (99) THE JAMMU AND KASHMIR PROPERTY RIGHTS TO SLUM DWELLERS, ACT (Act No. XI of 2012) Throughout
the Act, for "the State" substitute "the Union territory of
Jammu and Kashmir" Section
2.--In clause (28), omit "who is a
permanent resident of the State of Jammu and Kashmir and". Section
3.-- (i)
In sub-section (1), omit "who is
a permanent resident of the State of Jammu and Kashmir and"; (ii)
In sub-section (2), omit the second
proviso; and (iii)
In sub-section (8), for "the
Jammu and Kashmir Registration Act, 1977" substitute "the
Registration Act, 1908 (16 of 1908)". Section
5.--In sub-section (1), omit clause (IV). Section
16.--In sub-section (3), for "the
Jammu and Kashmir Land Acquisition Act, Samvat 1990" substitute "the
Right to Fair Compensation and Transparency In Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (30 of 2013)". Section
19.--For "the Code of Criminal
Procedure Samvat 1989" substitute "the Code of Criminal Procedure,
1973(2 of 1974)". Section
24.--In sub-section (3), for "the Code
of Criminal Procedure Samvat 1989" substitute "the Code of Criminal
Procedure, 1973(2 of 1974)". (100) THE JAMMU AND KASHMIR PROPERTY TAX BOARD ACT, 2013 (Act No. XI of 2013) Throughout
the Act, for "Government Gazette" and "State", wherever
occurring, substitute "Official Gazette" and "Union territory of
Jammu and Kashmir" respectively. Section
2.--For clause (d), substitute- '(d) "Government"
means the Government of Union territory of Jammu and Kashmir'. Section
17.--For "both Houses of the State
Legislature" substitute "Legislative Assembly of the Union territory
of Jammu and Kashmir". Section
22.--For "State Ranbir Penal
Code", substitute "Indian Penal Code (45 of 1860)". (101) THE JAMMU AND KASHMIR PROTECTION OF INTERESTS OF DEPOSITORS
(In FINANCIAL ESTABLISHMENTS), ACT (Act No. XIII of Svt. 2018) Throughout
the Act, for "the State" substitute "the Union territory of
Jammu and Kashmir". Section
2.--In clause (c), In sub-clause (vii), In
Explanation-I for "The Jammu and Kashmir Chit Fund Act, 2016"
substitute "the Chit Funds Act, 1982 (40 of 1982)". Section
8.--In sub-section (3), for "the Code
of Criminal Procedure Samvat 1989" substitute "the Code of Criminal
Procedure, 1973 (2 of 1974)". Section
9.--In sub-section (6), omit the first
proviso. Section
16.--For "the section 497-A of the Code of Criminal Procedure Samvat
1989" substitute "the section 438 of the Code of Criminal Procedure,
1973(2 of 1974)". Section
15.--In sub-section (1) and sub-section
(2), for "the Code of Criminal Procedure Samvat 1989" substitute
"the Code of Criminal Procedure, 1973(2 of 1974)". (102) THE JAMMU AND KASHMIR PUBLIC MEN AND PUBLIC SERVANTS
DECLARATION OF ASSETS AND OTHER PROVISIONS ACT (Act No. V of 1983) Throughout
the Act, for "State", "Ranbir Penal Code", "Prevention
of Corruption Act, Samvat 2006", "Either House of State
Legislature" and "or both Houses of State Legislature"
substitute "Union territory of Jammu and Kashmir", "Indian Penal
Code (45 of 1860)", "Prevention of Corruption Act, 1988 (49 of
1988)", "Legislative Assembly of the Union territory of Jammu and
Kashmir" and "Legislative Assembly of the Union territory of Jammu
and Kashmir". Section
2.--In clause (c), In sub-clause (i), omit
"or the Chairman as the case may be". Section
8.--In clause (a), for "In section 70
of the Constitution of Jammu and Kashmir" substitute "In the Jammu
and Kashmir Reorganisation Act, 2019 (34 of 2019)". (103) THE JAMMU AND KASHMIR PUBLIC PREMISES (EVICTION OF
UNAUTHORIZED OCCUPANTS) ACT (Act No. XVII of 1988) Section
11.--For "Code of Civil Procedure
Samvat 1977" substitute "Code of Civil Procedure, 1908 (5 of
1908)". Section
14.--In sub-section (1), for "five
thousand rupees" substitute "fifty thousand rupees". Section
15.--Throughout the section, for "Code
of Civil Procedure Samvat 1977" substitute "Code of Civil Procedure,
1908 (5 of 1908)". Section
23.--For "each House of State
Legislature" substitute "Legislative Assembly of the Union territory
of Jammu and Kashmir". (104) THE JAMMU AND KASHMIR PUBLIC SAFETY ACT (Act No. VI of 1978) Throughout
the Act, for "the State", "Code of Criminal Procedure, Samvat
1989" and "Ranbir Penal Code, Samvat, 1989" substitute "the
Union territory of Jammu and Kashmir", "Code of Criminal Procedure,
1973 (2 of 1974)" and "Indian Penal Code (45 of 1860)". Section
10.--Omit the proviso. Section
14.-- For
sub-section (3), substitute- "(3) The
Chairman and the other Members of the Board shall be appointed by the
Government on the recommendations of the Search-cum-Selection Committee
consisting of the following:- (a)
Chief Secretary........ Chairman; (b)
Administrative Secretary, Home Department........ Member; (c)
Administrative Secretary, Department of Law, Justice and Parliamentary Affairs....... Member: Provided
that no sitting Judge of the High Court or the sitting District and Sessions
Judge shall be appointed as Chairman or Member of the Board except In
consultation with the Chief Justice of the High Court.". (105) THE JAMMU AND KASHMIR PUBLIC SERVICES GUARANTEE ACT (Act No. IX of 2011) Throughout
the Act, for "State", substitute "Union territory of Jammu and
Kashmir". (106) THE JAMMU AND KASHMIR REGISTRATION OF CONTRACTORS ACT (Act No. XVI of 1956) Throughout
the Act, for "State" and "Government" substitute
"Union territory of Jammu and Kashmir" and "Government of the
Union territory of Jammu and Kashmir" respectively. Section
1.--In sub section (2), for "whole of
the State" substitute "whole of the Union territory of Jammu and
Kashmir". Section
7.--For "Rs. 30", substitute
"Rs. 100." (107) THE JAMMU AND KASHMIR REGISTRATION OF TOURIST TRADE ACT (Act No. IX of 1978) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
In clause (o), for "State"
wherever occurring substitute "Union territory of Jammu and Kashmir";
and (ii)
after clause (p), Insert- '(q) "Government"
means Government of the Union territory of Jammu and Kashmir'. Section
5.--In sub-section (1), In clause (a), for
"Chapters XIII and XVII of Ranbir Penal Code, Samvat 1989" substitute
"Chapters XIII and XVII of the Indian Penal Code (45 of 1860)." Section
6.--In sub-section (1), In clause (b), for
"Chapters XIII and XVII of Ranbir Penal Code, Samvat 1989" substitute
"Chapters XIII and XVII of the Indian Penal Code (45 of 1860)." Section
11.--In sub-section (1), In clause (a), for
"Chapters XIII and XVII of Ranbir Penal Code, Samvat 1989" substitute
"Chapters XIII and XVII of the Indian Penal Code (45 of 1860)." Section
12.--In sub-section (1), In clause (b), for
"Chapters XIII and XVII of Ranbir Penal Code, Samvat 1989" substitute
"Chapters XIII and XVII of the Indian Penal Code (45 of 1860)." Section
15.--For "Government Gazette"
substitute "Official Gazette". Section
20.--In sub-section (1), In clause (b), for
"Chapters XIII and XVII of Ranbir Penal Code, Samvat 1989" substitute
"Chapters XIII and XVII of the Indian Penal Code (45 of 1860)." Section
21.--In sub-section (1), In clause (b), for
"Chapters XIII and XVII of Ranbir Penal Code, Samvat 1989" substitute
"Chapters XIII and XVII of the Indian Penal Code (45 of 1860)." Section
24.--For "Government Gazette" substitute
"Official Gazette". Section
34.--For "Code of Criminal Procedure,
Samvat 1989" substitute "Code of Criminal Procedure, 1973 (2 of
1974)". Section
37.--For "the Code of Civil Procedure,
Samvat, 1977" substitute "the Code of Civil Procedure, 1908 (5 of
1908)". Section
45.--For "Government Gazette"
substitute "Official Gazette". Section
46.--For "Government Gazette"
substitute "Official Gazette". Section
50.--For "Government Gazette"
substitute "Official Gazette". (108) THE JAMMU AND KASHMIR REGULATION OF ACCOUNTS ACT (Act No. XIV of SVT. 2001) Section
1.-- (i)
In clause (b), for "the Jammu and
Kashmir State" substitute "the Union territory of Jammu and
Kashmir"; and (ii)
In clause (c), for "Government
Gazette" substitute "Official Gazette". Section
2.-- (i)
In clause (b), for "the Jammu and
Kashmir Companies Act" substitute "the Companies Act, 2013(18 of
2013)"; and (ii)
after clause (d), Insert- '(da) "Government" means Government of the Union
territory of Jammu and Kashmir". Section
3.--In sub-section (2), for "Evidence
Act, 1977" substitute "Indian Evidence Act, 1872 (1 of 1872)". (109) THE JAMMU AND KASHMIR RESERVATION ACT (Act No. XIV of 2004) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.-- (i)
For clause (h), substitute- '(h) "Government" means Government of Union
territory of Jammu and Kashmir'; (ii)
after clause (p), Insert- '(pa) "State" means Union territory of Jammu and
Kashmir'. (iii)
In clause (o), In the proviso, for
"on the recommendations of the State Backward Classes Commission"
substitute "on the recommendations of a Commission to be constituted by
the Government In this behalf. Section
13.--For "Government Gazette"
substitute "Official Gazette". (110) THE JAMMU AND KASHMIR (RESIDENTIAL AND COMMERCIAL TENANCY)
ACT (Act No. V of 2012) Section
1.--For "State" substitute
"Union territory of Jammu and Kashmir". Section
2.-- (i)
In clause (e), for "Government of
Jammu and Kashmir" substitute "Government of the Union territory of
Jammu and Kashmir"; and (ii)
In clause (1), for "State
funds" substitute "Government funds". Section
3.-- (i)
In clause (a), for "State
Government" substitute "Government"; and (ii)
In clause (f), for "the Jammu and
Kashmir Wakfs Act, 2001" and "the Trust Act, Samvat 1977"
substitute "the Wakf Act, 1995 (43 of 1995)" and "the Indian
Trust Act, 1882 (2 of 1882)" respectively. Section
30.--In section 30 and In the proviso, for
"the Transfer of Property Act, Samvat 1977" and "the Contract
Act, Samvat 1977" substitute "the Transfer of Property Act, 1882 (4
of 1882)" and "the Indian Contract Act, 1872 (9 of 1882)"
respectively. Section
31.--For "the Code of Civil Procedure,
Samvat 1977" substitute "the Code of Civil Procedure, 1908 (5 of
1908)". Section
32.-- (i)
In sub-section (1), for "the Code
of Civil Procedure, Samvat 1977" substitute "the Code of Civil
Procedure, 1908 (5 of 1908)"; and (ii)
In sub-section (2),- (a)
for "sections 193 and 228 and for
the purposes of section 196 of the Ranbir Penal Code" substitute
"sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code (45 of 1860)"; and (b)
for, "the Code of Criminal
Procedure, Samvat 1989" substitute "the Code of Criminal Procedure,
1973 (2 of 1974)". Section
36.--For "the Jammu and Kashmir Court
Fees Act, Samvat, 1977" substitute "the Court-fees Act, 1870 (7 of
1870)". Section
37.--For "Consolidated Fund of the
State" substitute "Consolidated Fund of the Union territory of Jammu
and Kashmir". (111) THE JAMMU AND KASHMIR RESTITUTION OF MORTGAGED PROPERTIES,
ACT (Act No. XIV of 1976) Preamble.--For "the State of Jammu and Kashmir" substitute
"the Union territory of Jammu and Kashmir". Section
1.--In sub-section (2), for "the
State of Jammu and Kashmir" substitute "the Union territory of Jammu
and Kashmir". Section
2.-- (i)
In sub-section (1), In clause (a), for
"the Jammu and Kashmir Registration Act, Samvat 1977" substitute
"the Registration Act, 1908 (16 of 1908)"; and (ii)
In sub-section (2),- (a)
In clause (ii), omit "or section
140 of the Jammu and Kashmir Transfer of Property Act, Samvat, 1977"; (b)
In clause (iii), for "the
Governor or the Government of Jammu and Kashmir" substitute "the
Lieutenant Governor or the Government of the Union territory of Jammu and
Kashmir"; and (c)
In clause (v), for "State"
substitute "Union territory of Jammu and Kashmir". Section
3.-- (i)
After clause (ii), Insert- '(iia) "Government" means the Government of the
Union territory of Jammu and Kashmir'; and (ii)
In clause (vii), for "the
Transfer of Property Act, Samvat 1977" substitute "the Transfer of
Property Act, 1882(4 of 1882)". Section
7.--Omit sub-section (2). Section
13.--For "rules 97 and 98 of Order XXI
of Code of Civil Procedure, 1977" substitute "rules 97 and 98 of
Order XXI of the Code of Civil Procedure, 1908 (5 of 1908)". Section
15.--For "the Jammu and Kashmir
Limitation Act, 1995" substitute "the Limitation Act, 1963 (36 of
1963)". (112) THE JAMMU AND KASHMIR ROAD SAFETY COUNCIL ACT (Act No. V of 2018) Preamble.--For "In the State" substitute "In the Union
territory of Jammu and Kashmir". Section
2.-- For
clause (i), substitute- '(i) "Government"
means the Government of the Union territory of Jammu and Kashmir.'. Section
3.--For "Chief Secretary of the
State" substitute "Chief Secretary of the Union territory". Section
4.--In clause (ii) of sub-section (3), for
"State Government" substitute "Government of the Union territory
of Jammu and Kashmir". Section
9.--For "State" substitute
"Union territory of Jammu and Kashmir". Section
10.--For "State Government"
substitute "Government of the Union territory of Jammu and Kashmir". Section
22.--In sub-section (2), for "State
Legislature" substitute "Legislative Assembly of the Union territory
of Jammu and Kashmir". Section
23.--In sub-section (3), for "State
Legislature" substitute "Legislative Assembly of the Union territory
of Jammu and Kashmir". Section
29.--For "Jammu and Kashmir State
Ranbir Penal Code, Samvat 1989" substitute "Indian Penal Code (45 of
1860)". Section
34.--In sub-section (3), for
"Legislative Assembly of State" substitute "Legislative Assembly
of the Union territory Jammu and Kashmir". (113) THE JAMMU AND KASHMIR SAFFRON ACT, 2007 (Act No. V of 2007) Throughout
the Act, for "State", "Government" and "Government
Gazette", wherever occurring, substitute "Union territory of Jammu
and Kashmir", "Government of the Union territory of Jammu and
Kashmir" and "Official Gazette" respectively. Section
1.--In sub-section (2), for "the
whole of the State of Jammu and Kashmir" substitute "the whole of the
Union territory of Jammu and Kashmir". Section
2.-- (i)
For clause (f), substitute- '(f) "Government"
means the Government of the Union territory of Jammu and Kashmir'; and (ii)
for clause (n), substitute- '(n) "State"
means the Union territory of Jammu and Kashmir'. Section
3.--In sub-section (2), In the proviso,
for "Agriculture Minister" substitute "Deputy Commissioner of
the concerned District In consultation with Director Agriculture". Section
12.--In sub-section (5), for "Code of
Criminal Procedure, Samvat 1989" substitute "Code of Criminal
Procedure, 1973 (2 of 1974)'. (114) THE SAPPHIRE ACT, 1989 (1932 A.D.) (Act No. XVI of Samvat 1989) Throughout
the Act, for "State" and "State Territory" substitute
"Union territory of Jammu and Kashmir" and "territory of Jammu
and Kashmir" respectively. Section
1.--In sub-section (ii), for "whole
of the Jammu and Kashmir State" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--In clause (h), for "Jammu and
Kashmir State" substitute "Union territory of Jammu and
Kashmir". Section
9.--For "the Code of Criminal Procedure"
substitute "the Code of Criminal Procedure, 1973 (2 of 1974)". Section
17.--For "State Official"
substitute "Official of the Union territory of Jammu and Kashmir". (115) THE JAMMU AND KASHMIR STATE SHEEP AND SHEEP PRODUCTS
DEVELOPMENT BOARD ACT (Act No. IX of 1979) Throughout
the Act, "Government" means "Government of the Union territory
of Jammu and Kashmir". Section
1.--In sub-section (2), for "whole of
Jammu and Kashmir State" substitute "whole of the Union territory of
Jammu and Kashmir". Section
4.--Omit "and one from the
Legislative Council". Section
22.--For "each House of the State
Legislature" substitute, "the Legislative Assembly of the Union
territory of Jammu and Kashmir". Section
25.--For "each House of the State
Legislature" substitute, "the Legislative Assembly of the Union
territory of Jammu and Kashmir". Section
28.--For "State Ranbir Penal Code,
Samvat 1989", substitute "Indian Penal Code (45 of 1860)". Section
32.--Omit sub-section (3). (116) SHER-I-KASHMIR UNIVERSITY OF AGRICULTURAL SCIENCES AND
TECHNOLOGY ACT (Act No. VII of 1982) Throughout
the Act, for "Governor" and "State" substitute respectively
"Lieutenant Governor of the Union territory of Jammu and Kashmir" and
"Union territory of Jammu and Kashmir". Section
14.--In sub-section (4), omit the proviso. Section
25.-- For
sub-section (2), substitute- "(2) The
Vice-Chancellor shall hold office for a term of three years with an extension
of another two years after evaluation of performance by the Chancellor In the
manner as he deems fit or until he attains the age of 65 years, whichever is
earlier and the emoluments and other conditions of service of the
Vice-Chancellor shall be such as may be prescribed and shall not be varied to
his disadvantage after his appointment.". (117) SHER-I-KASHMIR INSTITUTE OF MEDICAL SCIENCES (GRANT OF
DEGREES) ACT (Act No. XII of 1983) Section
2.--In clause (a), for "Government of
Jammu and Kashmir" substitute "Government of the Union territory of
Jammu and Kashmir". Section
4.--For "Jammu and Kashmir State
Legislature" substitute "Legislature or Legislative Assembly of the
Union territory of Jammu and Kashmir.". (118) THE JAMMU AND KASHMIR SHRI AMARNATH JI SHRINE ACT (Act No. XVIII of 2000) Throughout
the Act, the expression "State Government" shall be construed as
"Government of the Union territory of Jammu and Kashmir.". Section
3.--In clause (b), for "State
Government" substitute "Government of the Union territory of Jammu
and Kashmir". Section
4.--In sub-section (1), In clauses (a) and
(b), for "Governor of the State of Jammu and Kashmir", "Governor
of Jammu and Kashmir" and "Governor" wherever occurring
substitute "Lieutenant Governor of the Union territory of Jammu and
Kashmir", "Lieutenant Governor of Jammu and Kashmir" and
"Lieutenant Governor" respectively. Section
8.--For "Governor" wherever
occurring substitute "Lieutenant Governor of the Union territory of Jammu
and Kashmir". Section
19.--For "Governor" substitute
"Lieutenant Governor of the Union territory of Jammu and Kashmir". (119) THE JAMMU AND KASHMIR SHRI MATA SUKHRALA DEVI JI SHRINE AND
SHRI MATA BALA SUNDARI SHRINE ACT (Act No. III of 2013) Section
3.--For clause (e), substitute- '(e) "Government"
means the Government of the Union territory of Jammu and Kashmir;'. Section
5.--In sub-section (2), omit the
Explanation. Section
19.--For "State Ranbir Penal
Code", substitute "Indian Penal Code (45 of 1860)". (120) THE JAMMU AND KASHMIR SHRI MATA VAISHNO DEVI SHRINE ACT (Act No. XVI of 1988) Section
5.-- In
sub-section (1),- (i)
In clause (a), for "the Governor
of the State of Jammu and Kashmir" and "the Governor" substitute
"the Lieutenant Governor of the Union territory of Jammu and Kashmir"
and "the Lieutenant Governor" respectively; and (ii)
In clause (b), for "the Governor
of Jammu and Kashmir" and "the Governor" wherever occurring,
substitute "the Lieutenant Governor of the Union territory of Jammu and
Kashmir" and "the Lieutenant Governor" respectively. Section
8.--In clause (f), for "the
Governor" substitute "the Lieutenant Governor of the Union territory
of Jammu and Kashmir". Section
9.--For "the Governor" wherever
occurring substitute "the Lieutenant Governor of the Union territory of
Jammu and Kashmir". Section
11.--For "the Governor"
substitute "the Lieutenant Governor of the Union territory of Jammu and Kashmir". Section
12.--For "the Governor"
substitute "the Lieutenant Governor of the Union territory of Jammu and
Kashmir". Section
15.--For "State Ranbir Penal
Code", substitute "Indian Penal Code (45 of 1860)". Section
19.--In sub-section (1), for "the Governor"
substitute "the Lieutenant Governor of the Union territory of Jammu and
Kashmir". Section
23.--For "the Governor"
substitute "the Lieutenant Governor of the Union territory of Jammu and
Kashmir". (121) THE JAMMU AND KASHMIR SHRI MATA VAISHNO DEVI UNIVERSITY ACT (Act No. XII of 1999) Section
2.-- After
clause (d), Insert- "(da) "School" means the school maintained
by the University;". Section
5.-- (i)
For clause (4), substitute- "(4) to appoint
or recognise persons as Professors, Associate Professors or Assistant
Professors or Lecturers or otherwise as teachers of the University;"; (ii)
for clause (6), substitute- "(6) to
establish and maintain Faculty or Schools and Halls, to recognise, guide,
supervise and control Halls set up by Shri Mata Vaishno Devi Shrine Board and
to withdraw any such recognition;". Section
8.--In sub-section (1), for "the
Governor" substitute "the Lieutenant Governor of the Union territory
of Jammu and Kashmir". Section
11.-- For sub-section (1), substitute- "(1) The
Executive Council shall consist of the following members, namely:- (i)
The Vice Chancellor of the University; (ii)
The Vice Chancellor of the University
of Jammu; (iii)
Vice Chancellor of the University of
Kashmir; (iv)
The Dean of Student Welfare, ex
officio; (v)
Not more than two Deans of Faculty by
rotation according to seniority; (vi)
Not more than two heads of Schools of
studies, by rotation according to seniority; (vii)
Principal Secretary to Lieutenant
Governor, Permanent Invitee ex officio; (viii)
Chief Executive Officer of Shri Mata
Vaishno Devi Shrine Board, Permanent Invitee ex officio; (ix)
Three persons, none of whom shall be
an employee of the University or an Institution recognised by, or associated
with, the University, to be nominated by Shri Mata Vaishno Devi Shrine
Board.". For
section 18, substitute- "18.
School.--The School shall be such as may be
established by Shri Mata Vaishno Devi Shrine Board and recognised by the
Executive Council In accordance with the provisions of this Act.". (122) THE JAMMU AND KASHMIR SHRI SHIV KHORI SHRINE ACT (Act No. IV of 2008) Section
3.-- For
clause (d), substitute- "(d) "Government"
means the Government of the Union territory of Jammu and Kashmir;". Section
5.--In sub-section (2), omit the
Explanation. Section
19.--For "State Ranbir Penal
Code" substitute "Indian Penal Code (45 of 1860)". (123) THE JAMMU AND KASHMIR SIKH GURUDAWARAS AND RELIGIOUS
ENDOWMENTS, ACT (Act No. XV of 1973) Throughout
the Act, "Government Gazette" and "State" shall be
construed to mean "Official Gazette" and "Union territory of
Jammu and Kashmir". Preamble.--For "Jammu and Kashmir State" substitute
"the Union territory of Jammu and Kashmir". Section
1.-- (i)
In sub-section (2), for "whole of
Jammu and Kashmir State" substitute "whole of the Union territory of
Jammu and Kashmir"; and (ii)
In sub-section (2-a), for
"State" substitute "the Union territory of Jammu and
Kashmir". Section
2.-- After
clause (c), Insert- '(cc) "Government" means the Government of the
Union territory of Jammu and Kashmir'. Section
2-A.-- For
"the Jammu and Kashmir Houses and Shops Rent Control Act, 1996"
substitute "the Jammu and Kashmir (Residential and Commercial) Tenancy
Act, 2012". Section
4.-- (i)
In clause (v), for "the Jammu and
Kashmir State" substitute "the Union territory of Jammu and
Kashmir"; and (ii)
omit clause (vi). Section
12.-- Omit clause (vi). (124) THE KASHMIR SILK (DEVELOPMENT AND PROTECTION) ACT (Act No. XXVIII of 1988) Section
1.--In sub section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
6.-- For "Code of
Criminal Procedure, Samvat, 1989" substitute "Code of Criminal
Procedure, 1973 (2 of 1974)". (125) THE JAMMU AND KASHMIR SPECIAL SECURITY GROUP ACT (Act No. VI of 2000) Preamble.-- For "the State of Jammu and Kashmir" substitute
"the Union territory of Jammu and Kashmir". Section
2.-- (i)
In clauses (a) and (c), for
"Jammu and Kashmir" substitute "the Union territory of Jammu and
Kashmir"; and (ii)
In clause (h), for "Jammu and
Kashmir State Ranbir Penal Code" substitute, "Indian Penal Code (45
of 1860)". Section
4.-- (i)
In sub-section (1),- (a)
for "the State of Jammu and
Kashmir" substitute "the Union territory of Jammu and Kashmir";
and (b)
omit clause (c); and (ii)
In sub-section (3), for "the
State of Jammu and Kashmir" substitute "the Union territory of Jammu
and Kashmir". Section
6.--For "the State", wherever
occurring, substitute "the Union territory of Jammu and Kashmir". Section
16.--In sub-section (3), for "each
House of the State Legislature" and "both Houses agree"
substitute, "the Legislative Assembly of the Union territory of Jammu and
Kashmir" and "the Legislative Assembly agrees" respectively. (126) THE JAMMU AND KASHMIR SPECIAL TRIBUNAL ACT (Act No. XIX of 1988) Throughout
the Act, for "State", "Government" and "Government
Gazette", wherever occurring, substitute "Union territory of Jammu
and Kashmir", "Government of the Union territory of Jammu and
Kashmir" and "Official Gazette" respectively. Preamble.--For
"State Legislature" substitute "Legislative Assembly of the
Union territory". Section
3.-- (i)
For "State Legislature",
wherever occurring, substitute "Legislative Assembly of the Union
territory of Jammu and Kashmir"; (ii)
In sub-section (1), omit "but
save otherwise provided In sub-section (2)"; and (iii)
omit sub-section (2) and renumber
sub-section (3) as sub-section (2). Section
8.--For "section 21 of the Ranbir
Penal Code, Samvat 1989" substitute "section 21 of the Indian Penal
Code (45 of 1860)". (127) THE JAMMU AND KASHMIR STAMP ACT, 1977 (Act No. XL of Samvat 1977) Throughout
the Act, for "Government", "Government Gazette" and
"State", wherever occurring, substitute "Government of the Union
territory of Jammu and Kashmir", "Official Gazette" and
"Union territory of Jammu and Kashmir" respectively. Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
2.--In clause (22-a), for "Civil
Procedure Code, Samvat, 1977" substitute "Civil Procedure Code, 1908
(5 of 1908)". Section
27.--In sub-section (3), for
"Registration Act, Samvat, 1977" substitute "Registration Act,
1908 (16 of 1908)." Section
33.--In sub-section (2), In clause (a), In
the proviso, for "Chapter XII or Chapter XXXVI of Code of Criminal
Procedure, 1989" substitute "Chapter IX or Part D of Chapter X of the
Code of Criminal Procedure, 1973 (2 of 1974)." Section
35.--In clause (d), In the proviso, for
"Code of Criminal Procedure, 1989" substitute "Code of Criminal
Procedure, 1973 (2 of 1974)." Section
42.--In sub section (2), In clause (b), for
"Code of Civil Procedure, 1977" substitute "Code of Civil
Procedure, 1908 (5 of 1908)". Section
47-A.— (i)
In sub-section (1), for
"Registration Act, Samvat, 1977" substitute "Registration Act,
1908 (16 of 1908)"; and (ii)
In sub section (5), for “Code of Civil
Procedure, 1977” substitute “Code of Civil Procedure (5 of 1908)”. Section
48.—In sub-section (3), for “Registration
Act, Samvat, 1977” substitute “Registration Act, 1908 (16 of 1908)”. Section
61.—For “Chapter XII or Chapter XXXVI of
Code of Criminal Procedure, 1989” substitute “Chapter IX or Part D of Chapter X
of the Code of Criminal Procedure, 1973 (2 of 1974).” Section
64-A.—In sub-section (2), for “Code of
Criminal Procedure, 1989” substitute “Code of Criminal Procedure, 1973 (2 of
1974).” Section
72.—For “Code of Criminal Procedure, 1989”
substitute “Code of Criminal Procedure, 1973 (2 of 1974).” SCHEDULE-I Art.
6.--In clause (b) (i), In column, 3 for
"0.50%" substitute "0.25%" and for "five lakh
rupees" substitute "minimum Rs. 1,000/- and Maximum Rs.
50,000/-". Art.
12.--In clause (a), In column 3, for
"0.06% for every three month or a fractional part thereof on amount of
Bill subject to maximum of 0.024%" substitute "rates as specified In
the Schedule appended to the Indian Stamp Act, 1899 (2 of 1899)". Art.
22.--For "0.05% per year of the face
value of debenture, subject to a maximum of 0.25% or Rs. 25 lakhs, whichever is
lower" substitute "rates as specified In the Schedule appended to the
Indian Stamp Act, 1899 (2 of 1899)". Art.
30.-- For "Ten rupees"
substitute "Rates as specified In the Schedule appended to Indian Stamp
Act, 1899 (2 of 1899)". Art.
40.--In clause (b), In column 3, for
"2% of the value or amount of shares contributed, subject to maximum of
Rs. 5,000/-" substitute "Rs. 50,000". Art.
41.--In clause (A), for "Ten
rupees" and "One-half of duty payable In respect of original policy
In addition to amount, if any, chargeable under Article No. 54" substitute
"Rates as specified In the Schedule appended to Indian Stamp Act, 1899 (2
of 1899)". Art.
43.--In clause (b), in column 3, for
"Ten rupees" and "One-fifth of the duty as applicable to a Bill
of Exchange (No. 12) for same amount payable otherwise than on demand, subject
to a minimum of ten rupees" substitute "Rates as specified in the
Schedule appended to Indian Stamp Act, 1899 (2 of 1899)". Art.
45.--In column 3, for "Ten
rupees" substitute "Rates as specified in the Schedule appended to
Indian Stamp Act, 1899 (2 of 1899)". Art.
46.--In column 3, for "Ten
rupees" substitute "Rates as specified in the Schedule appended to
Indian Stamp Act, 1899 (2 of 1899)". Art.
54 (a).--In column 3, for "Twenty-five
paisa for every hundred rupees or part thereof of the value of the shares"
substitute "Rates as specified in the Schedule appended to Indian Stamp
Act, 1899 (2 of 1899)". (128) THE JAMMU AND KASHMIR TENANCY ACT, 1980 (Act No. II of Samvat 1980) Repeal
as a whole. (129) THE JAMMU AND KASHMIR STATE TOWN PLANNING ACT (Act No. XX of 1963) For
"Government Gazette" and "State Land Acquisition Act, Svt.
1990" wherever occurring, substitute "Official Gazette" and
"the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013)" respectively. Section
1.--In sub-section (2), for "whole
State" substitute "whole of the Union territory of Jammu and
Kashmir". Section
3.--In clause (o), for "the Jammu and
Kashmir Municipal Act, Svt. 2008 or the Jammu and Kashmir Town Area Act, Svt.
2011" substitute "the Jammu and Kashmir Municipal Act, 2000". Section
18.--In sub-section (6), for
"Arbitration Act, Svt. 2002" substitute "Arbitration and
Conciliation Act, 1996 (26 of 1996)". Section
27.--In the proviso, for "sections 4
and 6 of the Land Acquisition Act, Svt. 1990" substitute "sections 11
and 19 of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013)". Section
28.--For "sections 15, 23 and 24 of
the Land Acquisition Act" substitute "sections 26, 27 and 28 of the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (30 of 2013)". (130) THE JAMMU AND KASHMIR TREASURE TROVE ACT, 1954 (1897 A.D.) (Council Resolution No. 37 of 1897) Repeal
as a whole. (131) URBAN IMMOVABLE PROPERTY TAX (REPEAL AND SAVING) ACT (Act No. XXVIII of 2002) Repeal
as a whole. (132) THE UNIVERSITY OF LADAKH ACT (Governor's Act No. LVI of 2018) Repeal
as a whole for the Union territory of Jammu and Kashmir. (133) THE JAMMU AND KASHMIR URBAN PROPERTY (CEILING) ACT (Act No. XII of 1971) Repeal
as a whole. (134) USURIOUS LOANS ACT (Act No. XLVII of Samvat 1977) Repeal
as a whole. (135) THE JAMMU AND KASHMIR VACCINATION ACT (Act No. XXI of 1967) Repeal
as a whole. (136) THE JAMMU AND KASHMIR VEGETABLE SEEDS ACT (Act No. XII of Svt. 2009) Repeal
as a whole. (137) THE JAMMU AND KASHMIR STATE VIGILANCE COMMISSION ACT (Act No. I of 2011) Repeal
as a whole. (138) THE JAMMU AND KASHMIR WILLOW (PROHIBITION ON EXPORT AND
MOVEMENT) ACT (Act No. XVI of 2000) Section
1.--In sub-section (2), for "whole of
the State of Jammu and Kashmir" substitute "whole of the Union
territory of Jammu and Kashmir". Section
4.--In sub-section (1), for "the
Jammu and Kashmir Forests Act, Samvat 1987" substitute "the Indian
Forest Act, 1927 (16 of 1927)".JAMMU
AND KASHMIR REORGANISATION (ADAPTATION OF STATE LAWS) ORDER, 2020
PREAMBLE